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HomeMy WebLinkAbout2008-09-29-Meeting Agenda Engineering Services Committee Meeting Committee Room- 9/29/2008- 1:30 PM ENGINEERING SERVICES 1. Approve award of a “Daily Rate for Equipment & Personnel” contract for Fort Gordon to Jeffery Harris Trucking, Inc. in the amount of $400,000 for water and wastewater lines replacement. Attachments 2. Motion to approve an Option for the purpose of acquiring a Right-of-Way between Masood Ahmed and Mohammad A. Masroor, as owners, and Augusta, Georgia, as optionee, in connection with the Alexander Drive Project, 0.013 acre (587.04 sq. ft) in fee and 0.006 acre (259.95 sq. ft.) of permanent construction & maintenance easement from the property located at 2813 Brickrun Way at a purchase price of $28,600.00. Attachments 3. Motion to approve an option for the purpose of acquiring a Right-of-Way between Raymond T. Rufo Living Trust, as owner, and Augusta, Georgia, as optionee, in connection with the Alexander Drive Project, for 0.149 (6,486.49 sq. ft.) in fee and 0.067 acre (2,923.98 sq. ft.) of permanent construction and maintenance easement from the property located at 1098 Alexander Drive at a purchase price of $70,000.00. Attachments 4. Approve funding to W.R. Toole Engineers, Inc. in the amount of $382,057.00 for the fee associated with designing the Water Distribution System at Gate 4 project. Attachments 5. Approve purchase of 30 benches for Centennial Plaza from the low bidder, Peach State Amenities of Atlanta, in response to Bid Item 08-171 in the amount of $32,940 to be funded by Urban SPLOST, Phase III. Attachments 6. Approve Change Order #1 to the existing contract with W.K. Dickson for additional engineering services in the areas of design and engineering through construction for the replacement of the existing 36-inch sanitary sewer main located in 6th Street and additional engineering services for providing closed circuit television inspection of the Main Interceptor. Attachments 7. Motion to authorize condemnation to acquire title of a portion of property, designated as Doug Barnard Parkway 16 inch Water Main Project, 1413 Doug Barnard Parkway for permanent and temporary construction easements. Attachments 8. Motion to authorize condemnation to acquire title of a portion of property, Attachments designated as Project Parcel 22, 114 Morehead Drive, for a Right-of-Way, permanent easement and one temporary driveway easement. 9. Accept and award bid in amount of $97,900 to low bidder, L-J, Inc. to repair/replace defective sidewalk slabs and place wheelchair ramps on Broad Street. Attachments 10. Motion to authorize the Mayor or Mayor Pro Tem to sign an Encroachment Permit Agreement to allow certain encroachments into the Right-of-Way of Starnes Street from subject lots. Attachments 11. Approve the deeds of dedication, maintenance agreements, and road resolutions submitted by the Engineering and Augusta Utilities Departments for Grandwood Estates, Phase I. Attachments 12. Approve proposals from Georgia Power and AT&T for relocation of existing utility services at the Judicial Center Site. Attachments 13. Motion to approve execution of a contract with TVS Associates, Inc. for architectural and engineering design consulting services associated with the new TEE Center. Attachments 14. Authorize Augusta Utilities Department to name the new administration and filter building at the Highland Ave. Water Treatment Plant in honor of Alfred T. Griffin, Sr. Attachments 15. Approve the deeds of dedication, maintenance agreements, and road resolutions submitted by the Engineering and Augusta Utilities Departments for Southampton Section 4-A. Attachments 16. Approve the deeds of dedication, maintenance agreements, and road resolutions submitted by the Engineering and Augusta Utilities Departments for Southampton Section Four-B and Section Five. Attachments 17. Approve the deeds of dedication, maintenance agreements, and road resolutions submitted by the Engineering and Augusta Utilities Departments for Southampton Section One. Attachments 18. Approve purchase of hardware and implementation of Utilities Warehouse Inventory Bar Code Scanning Software. Attachments 19. Approve the deeds of dedication and road resolutions submitted by the Engineering and Augusta Utilities Departments for Walton Hills Subdivision, Section 8, Phase I. Attachments www.augustaga.gov 20. Approve the deeds of dedication, maintenance agreements, and road resolutions submitted by the Engineering and Augusta Utilities Departments for Walton Hills Subdivision Section 9. Attachments Engineering Services Committee Meeting 9/29/2008 1:30 PM “Daily Rate for Equipment & Personnel” Contract for Fort Gordon Department:Augusta Utilities Department Caption:Approve award of a “Daily Rate for Equipment & Personnel” contract for Fort Gordon to Jeffery Harris Trucking, Inc. in the amount of $400,000 for water and wastewater lines replacement. Background:The Augusta Utilities Department is responsible for the renewal and replacement of water and wastewater lines at Fort Gordon as outlined in the Privatization contract awarded September 28, 2007. The requirement is to replace deteriorated and non-functioning water and sewer pipes identified in the Privatization contract on a scheduled and as needed basis. An AUD contract is needed at the site for continuous and flexible usage to meet normal and urgent repairs. The “daily rate” contract Bid item 08-150 was prepared for the requirement, advertised and bids open July 8, 2008. Analysis:AUD reviewed the contractors’ submitted bids for executing the contract water and wastewater piping renewal and replacement requirements. The lowest “daily rate” bid of $1,928.04 to supply the required equipment and manpower for the work was submitted by Jeffery Harris Trucking, Inc. AUD met with the contractor and assured that there was a clear understanding of contract requirements. AUD recommends awarding the contract in the amount of $400,000 to accomplish the described work at the “daily rate” submitted. Financial Impact:Approximately $400,000 from the Fort Gordon Renewal and Extension funds 507043410-5425110 / 80600040-5425110 would be used to pay for the renewal and replacement of the water/wastewater distribution lines. Alternatives:There is no reasonable alternative. Recommendation:Approve award of the “Daily Rate for Equipment & Personnel” contract to Jeffery Harris Trucking, Inc. for $400,000. Funds are Available in the Following Accounts: 507043410-5425110 / 80600040-5425110 REVIEWED AND APPROVED BY:Cover Memo Item # 1 Finance. Procurement. Administrator. Clerk of Commission Cover Memo Item # 1 Item # 1 Attachment number 2 Page 1 of 1 Item # 1 Attachment number 3 Page 1 of 2 Item # 1 Attachment number 3 Page 2 of 2 Item # 1 Engineering Services Committee Meeting 9/29/2008 1:30 PM Acquisition of Right-of-Way and Easement Masood Ahmed and Mohammad A. Masroor Department:Attorney Caption:Motion to approve an Option for the purpose of acquiring a Right-of-Way between Masood Ahmed and Mohammad A. Masroor, as owners, and Augusta, Georgia, as optionee, in connection with the Alexander Drive Project, 0.013 acre (587.04 sq. ft) in fee and 0.006 acre (259.95 sq. ft.) of permanent construction & maintenance easement from the property located at 2813 Brickrun Way at a purchase price of $28,600.00. Background:The property owner has agreed to convey a certain right-of-way and easement to Augusta, Georgia, for the Alexander Drive project. Analysis:The purchase of the referenced property is necessary for the project. Financial Impact:The costs necessary for this purchase will be covered under the project budget. Alternatives:Deny the motion to approve the purchase of the referenced property. Recommendation:Approve the motion to purchase the referenced property. Funds are Available in the Following Accounts: 323041110-5411120 296823215–5411120 REVIEWED AND APPROVED BY: Administrator. Clerk of Commission Cover Memo Item # 2 Attachment number 1 Page 1 of 2 Item # 2 Attachment number 1 Page 2 of 2 Item # 2 Engineering Services Committee Meeting 9/29/2008 1:30 PM Acquisition of Right-of-Way and Easement Raymond T. Rufo Living Trust Department:Attorney Caption:Motion to approve an option for the purpose of acquiring a Right-of-Way between Raymond T. Rufo Living Trust, as owner, and Augusta, Georgia, as optionee, in connection with the Alexander Drive Project, for 0.149 (6,486.49 sq. ft.) in fee and 0.067 acre (2,923.98 sq. ft.) of permanent construction and maintenance easement from the property located at 1098 Alexander Drive at a purchase price of $70,000.00. Background:The property owner has agreed to convey a certain Right-of-Way and easement to Augusta, Georgia for the Alexander Drive Project, Project Parcel 3 (Tax Map 013-3, Parcel 011-02), GDOT Project No. STP-0001-00 (794), ARC Project No.: 323-04-296823215 located at 1098 Alexander Drive. Analysis:The purchase of the referenced property is necessary for the project. Financial Impact:The costs necessary for this purchase will be covered under the project budget. Alternatives:Deny the motion to approve the purchase of the referenced property. Recommendation:Approve the motion to purchase the referenced property. Funds are Available in the Following Accounts: Alexander Drive Project 323041110-5411120 296823215-5411120 REVIEWED AND APPROVED BY: Administrator. Clerk of Commission Cover Memo Item # 3 Engineering Services Committee Meeting 9/29/2008 1:30 PM Award engineering design contract for Augusta Utilities Department project Extension to the Water Distribution System at Gate 4 Department:Augusta Utilities Department Caption:Approve funding to W.R. Toole Engineers, Inc. in the amount of $382,057.00 for the fee associated with designing the Water Distribution System at Gate 4 project. Background:The objective of the Extension to the Water Distribution System at Gate 4 is to extend a new water main into Fort Gordon to improve water supply and provide redundancy in the Fort Gordon service area. The project will extend a new 18” water main along Willis Foreman Road from the Lace Road Intersection to Fort Gordon’s Gate 4. The proposed water main will then extend along Mirror Lake Road within Fort Gordon to a point of connection in the proximity of Lane Avenue. The main will then have a new 12” main extend west from the intersection of Range Road and N. Range Road within Fort Gordon to the intersection of 13th Street and N. Range Road. The work to complete this project will include a new pumping station and approximately 33,000 linear feet of both 12” and 18” water main pipe. Analysis:Augusta Utilities Department evaluated W.R. Toole Engineering’s proposal for engineering services to design the Extension to the Water Distribution System at Gate 4 Project. The proposal was considered fair and reasonable to accomplish the project. Financial Impact:The amount submitted for the design of this project was $382,057.00. These funds are available from the following account: 507043410-5212115 / 88880067-5212115 Alternatives:1. Reject the award of the engineering contract, which would delay the design of the project and the construction of the Water Distribution System at Gate 4 Project. 2. Award the engineering contract to W.R. Toole Engineers, Inc. to design the Water Distribution System at Gate 4 Project. Recommendation:It is recommended that the fee for designing the Water Distribution System at Gate 4 Project be approved at $382,057.00 Funds are Available in the Following Accounts: $382,057.00 from account 507043410-5212115 / 88880067-5212115 Cover Memo Item # 4 REVIEWED AND APPROVED BY: Finance. Procurement. Administrator. Clerk of Commission Cover Memo Item # 4 Item # 4 Item # 4 Item # 4 Item # 4 Item # 4 Item # 4 Item # 4 Item # 4 Item # 4 Item # 4 Item # 4 Engineering Services Committee Meeting 9/29/2008 1:30 PM Award Purchase of Benches for Centennial Plaza Department:Public Services Department - Facilities Management Division Caption:Approve purchase of 30 benches for Centennial Plaza from the low bidder, Peach State Amenities of Atlanta, in response to Bid Item 08-171 in the amount of $32,940 to be funded by Urban SPLOST, Phase III. Background:Centennial Plaza, in the 700 block of Broad Street, was initially constructed with wood benches installed that followed the curvature of the concrete planter walls. Deterioration and vandalism through the years resulted in removal of most of the benches. Analysis:Peach State Amenities is the lowest responsive bidder. The $1,098 unit price bid allows for the purchase of 30 benches. These proposed benches are steel, have proven to be reasonably resistant to vandalism at the Riverwalk, and will be equipped with a center armrest dividing the seat area into two smaller sections. Financial Impact:The cost of the purchase is $32,940. Funds are available in Urban SPLOST, Phase III, Account #327041110/296812501. Alternatives:1. Approve purchase of 30 benches for Centennial Plaza from the low bidder, Peach State Amenities of Atlanta, in response to Bid Item 08-171 in the amount of $32,940 to be funded by Urban SPLOST, Phase III. 2. Do not approve the purchase. Recommendation:#1. Approve purchase of 30 benches for Centennial Plaza from the low bidder, Peach State Amenities of Atlanta, in response to Bid Item 08-171 in the amount of $32,940 to be funded by Urban SPLOST, Phase III. Funds are Available in the Following Accounts: Funds are available in Urban SPLOST, Phase III for Centennial Plaza, Account #327041110/296812501. REVIEWED AND APPROVED BY: Finance. Procurement. Administrator. Clerk of Commission Cover Memo Item # 5 Cover Memo Item # 5 Attachment number 1 Page 1 of 1 Item # 5 Attachment number 2 Page 1 of 1 Item # 5 Attachment number 3 Page 1 of 5 Item # 5 Attachment number 3 Page 2 of 5 Item # 5 Attachment number 3 Page 3 of 5 Item # 5 Attachment number 3 Page 4 of 5 Item # 5 Attachment number 3 Page 5 of 5 Item # 5 Engineering Services Committee Meeting 9/29/2008 1:30 PM Change Order #1 for the Spirit Creek Interceptor Evaluation Study Department:Augusta Utilities Department Caption:Approve Change Order #1 to the existing contract with W.K. Dickson for additional engineering services in the areas of design and engineering through construction for the replacement of the existing 36-inch sanitary sewer main located in 6th Street and additional engineering services for providing closed circuit television inspection of the Main Interceptor. Background:The Spirit Creek Interceptor Evaluation Study involves the study of the 4th, 5th, and 6th street's sewer system to identify the combination of storm sewer and sanitary sewer. During this study, a pipe failure was discovered. This failure is to a 36-inch brick sanitary sewer main that runs parallel to the Norfolk Southern train railways. The recommendation is for W. K. Dickson to design a plan to replace the failed section of sewer main. and provide engineering services during the construction of the project. This task will replace the failed section with the least impact to the railway and the general public. This project is a recognized emergency by Augusta Utilities Department due to the potential hazards that can be caused due to existing failures as well any potential failures that can arise from continued neglect to solve the problem as identified. In addition Augusta Utilities Department; recommends W.K. Dickson to provide services to inspect the Main Interceptor between Dan Bowles Rd and the Wastewater Treatment Plant using closed circuit television to identify problems within that section. By allowing this portion to be added under the current contract it will reduce the startup cost for the additional closed circuit television inspections Analysis:Approving this change order will adjust the initial contract amount of $125,000.00 to include the amount for the engineering design services and construction coordination services for the replacement of the failed main and closed circuit television inspection of the Main Interceptor in accordance with WKD's 1st and 2nd proposals to the initial contract. Financial Impact:$ 81,910.00 is the amount of the required for the services of W.K. Dickson. The task of engineering the design to replace the failed sewer main is $38,000.00 and the task to conduct the closed circuit television monitoring being $43,910.00 Alternatives:Disapprove this change order and risk delays replacing an identified failure to the sanitary sewer infrastructure. Recommendation: Approve Change Order #1 in the amount of $81,910.00 to W. K. Dickson on the Spirit Creek Interceptor Evaluation Study Project RFQ, for design of the Cover Memo Item # 6 new sewer main which will replace the failed section of sewer main and the video inspection of the Main Interceptor using closed circuit television . Funds are Available in the Following Accounts: $81,910.00 from account 507043420/5212115- 80600040/5212115 REVIEWED AND APPROVED BY: Finance. Procurement. Administrator. Clerk of Commission Cover Memo Item # 6 1450 Greene Street Suite 225 Augusta, GA 30901 Tel. 706.722.3479 Fax 706.722.6773 www.wkdickson.com Transportation Water Resources Urban Development Geomatics September 18, 2008 Mr. Jerry Delaughter Assistant Director - Engineering Division Augusta Utilities Department 360 Bay Street, Suite 180 Augusta, Georgia 30901 RE: First Amendment to Contract 6th Street Emergency Sewer Replacement WKD Project No. 70522.00.AG Dear Jerry: Currently W.K. Dickson & Co., Inc. (WKD) is under contract with Augusta Utilities Department (AUD) to provide professional services for the sewer evaluation of the above referenced project. Our contract had a provision for WKD to provide design and construction administration services as additional services. REASON FOR THE ADDITIONAL SERVICES The Utility Department is experiencing pipe failures of a 36-inch brick arch sewer pipe in the downtown area along 6th Street with the most recent failure occurring five feet off the main train track just north of Fenwick Street. The existing main is an old 36-inch brick arch pipe that is located on the east side of the railroad track with the offset varying from 8 feet at Telfair Street and zero feet (crossing under the tracks) just north of Walton Way. The main is approximately 4 to 5 feet deep. On July 23, 2008, Wes Byne called a meeting to discuss the repairs to the sewer main starting from Walton Way to Telfair Street. Mr Byne asked WKD to prepare a recommendation on replacing the main and develop an estimate of the construction costs. RECOMMENDATIONS After further investigation after the July 23rd meeting, WKD recommends that the 36-inch sewer main be replaced in its current location. We have attached conceptual plans showing the proposed repairs to the sewer main along with an estimated construction cost. SCOPE OF SERVICES WK Dickson will assist Augusta Utility Department by performing the engineering and construction administration services to coordinate the replacement of the 36-inch sewer pipe. Below you will find the specific work items associated with this amendment and the associated fees and responsibilities. Attachment number 1 Page 1 of 5 Item # 6 Mr. Jerry Delaughter September 18, 2008 Page 2 of 5 A. DESIGN SURVEYS AND MAPPING WK Dickson (WKD) proposes to complete field surveys (both topographic and physical) and related mapping for the proposed sewer pipe repair. Work in this phase will include the following: Establishing horizontal and vertical control for the proposed improvements. Survey physical and topographical conditions of the proposed pipe replacement. Develop construction strategies for the replacement of the pipe working with AUD, the County s Engineering Department, the Railroad, and Atlanta Gas and Light. B. UTILITY LOCATION WKD will locate visible above ground and subsurface utilities that are fifteen feet (15 ) either side of proposed pipe trench. We will attempt to locate underground utilities such as water, sewer, and Stormwater with the assistance of Augusta Utilities Department and will map other underground utilities (such as gas, telephone, cable and power) as marked in the field by Georgia One Call, a utility location firm. C. ENGINEERING DESIGN Utilizing the design surveying, mapping and utility locations, final plans and specifications will be developed for the proposed replacement of the 36-inch brick arch pipe. Work in this phase will include the following: Prepare horizontal and vertical geometry for the proposed pipe replacement. Prepare plans and detail sheets for the installation of the pipe. Evaluate and review with the Railroad and AUD construction work hours and limitations. Meet with other Utilities Companies that have services within the work area. Review Plans and findings with AUD for concurrence. Develop construction materials and labor estimates for the best and efficient construction option. Show the necessary erosion control measures for the entire project and prepare erosion control details. Prepare technical specifications on materials and workmanship. Submit Plans, Specifications and Railroad Permit Applications to Augusta Utilities Department for submittal. This will include applications to Erosion Control EPD and Norfolk Southern Railroad for crossing. Any additional plans or correspondence after initial submittal to the agencies will be charged at our standard hourly rate. Prepare construction cost estimates at each review stage 30%, 60%, 90% and with the submittal of final documents. D. CONSTRUCTION BIDDING Upon receiving the approvals from the OWNER, WKD will proceed with the Construction Bidding portion of the project consisting of the following tasks: Attachment number 1 Page 2 of 5 Item # 6 Mr. Jerry Delaughter September 18, 2008 Page 3 of 5 Coordinate with the City Purchasing Department to advertise the project. Fax bid information to City Attend mandatory pre-bid meeting as a technical reference to the CITY. Prepare letter of recommendation for award of the contract. E. CONSTRUCTION ADMINISTRATION AUD will enter into a contract with a contractor to make the necessary repairs and will provide a project manager to represent AUD and coordinate the project. WKD will perform the following tasks during construction: Develop conformed contract documents to be used and forward to AUD for execution. We will provide five (5) copies of the conformed documents as required. Attend a pre-construction meeting as a technical reference for AUD. Provide clarification related to the plans/specifications throughout design and construction. Recommend design changes as field conflicts arise. Review and approval of pay requests from the construction contractor (line of Communication will be construction contractor to WKD to AUD s project manager. Provide record drawings at completion of the project electronically. This will be based on red line drawings from the contractor. Provide field visits to observe construction progress and make recommendations to AUD to resolve conflicts with existing field conditions. Provide weekly reports summarizing the work progress and construction conflicts. Provide clarification related to the plans/specifications throughout design and construction. COMPENSATION 1. Basic Services: The OWNER shall pay the CONSULTANT for services set forth in Scope of Services, the Lump Sum Fees as show below. Surveying/Mapping $ 1,200.00 30% engineering plans and documents $ 6,540.00 60% engineering plans and documents $ 6,540.00 90% engineering plans and documents $ 6,540.00 Final documents $ 1,060.00 Construction bidding $ 1,120.00 Construction administration $ 14,000.00 Record drawings $ 1,000.00 TOTAL LUMP SUM = $ 38,000.00 A percentage of the Lump Sum Fee will be billed on the last day of each month. The percentage billed will be the percentage of work estimated to be complete as of the day of billing. Attachment number 1 Page 3 of 5 Item # 6 Mr. Jerry Delaughter September 18, 2008 Page 4 of 5 TERMS AND CONDITIONS All work, compensation, and payment under this Amendment shall be in accordance with the base agreement signed by the Clerk of Commission on July 9, 2008. ACCEPTANCE OF LETTER OF AGREEMENT We trust you will find this amendment acceptable. Please return one signed copy of this amendment to our office as evidence of approval and Notice to Proceed. If you have any questions, please feel free to call. Sincerely, W.K. Dickson & Co., Inc. Augusta Utilities Department ___________________________ ___________________________ William G. Wingate, III, PE Assistant Director - Engineering Division Vice President Date:___________________ Date:___________________ Attachment number 1 Page 4 of 5 Item # 6 Mr. Jerry Delaughter September 18, 2008 Page 5 of 5 W.K. DICKSON & CO., INC. 2008 RATE SCHEDULE LABOR Senior Project Manager.......................................................................................$ 160.00/hr. Project Manager ...........................................................................................................$ 140.00/hr. Senior Staff Engineer.....................................................................................................$ 135.00/hr. Staff Engineer................................................................................................................$ 105.00/hr. Senior Designer............................................................................................................$ 95.00/hr. Designer.......................................................................................................................$ 90.00/hr. Senior Technician.........................................................................................................$ 95.00/hr. Technician....................................................................................................................$ 80.00/hr. Administrative Assistant................................................................................................$ 50.00/hr. Field Survey Party.........................................................................................................$ 110.00/hr. Party Chief (Office Computations, Deed Research, etc.)...............................................$ 70.00/hr. Instrument Person.........................................................................................................$ 50.00/hr. EXPENSES Reproduction: Xerox Cost Blacklines Cost Mylars Cost Sepias Cost Mileage IRS Rate (currently $0.585/mile) Telephone, Postage Cost Travel (Meals/Lodging) Cost Subconsultants Cost + 10% Note: The above rates are for calendar year 2008. WK Dickson reserves the right to revise to reflect inflationary increases. Attachment number 1 Page 5 of 5 Item # 6 W.K. DICKSON & CO., INC Community Infrastructure Consultants 1450 Greene Street, Suite 225 Augusta, Georgia 30901 Phone (706) 722-3479 Fax (706) 722-6773 Project:6th Street Emergency Replacement WKD No:M2000.WS.AG Owner:Augusta Utilities Department Date:9/18/08 Augusta, Georgia Project Description Replace the sanitary sewer system along 6th Street between Telfair Street and Walton Way. ITEM DESCRIPTION UNIT EST QTY UNIT COST TOTAL Administration LS - 1 Insurance LS 1 -$ -$ LS - 2 Mobilization LS 1 1,000.00$ 1,000$ LS - 3 Demobilization LS 1 1,000.00$ 1,000$ LS - 4 As-built Drawings LS 1 1,000.00$ 1,000$ LS - 5 Bonds LS 1 5,400.00$ 5,400$ Administration Totals =8,400$ Demolition & Earthwork M - 6 Remove Unsuitables and Haul Off CY 1,261 10.00$ 12,610$ M - 7 Landfill fee LS 1 10,000.00$ 10,000$ M - 8 Erosion & Sediment Control LS 1 1,000.00$ 1,000$ Earthwork Subtotal =23,610$ Roadway P - 2 Graded aggregate base, 10.5" thick, 15' wide and asphalt patch 2.5" thick, including removal of base material and asphalt and loading into truck for disposal.SY 2,667 25.50$ 68,000$ Roadway Subtotal =68,000$ Sewer S-9C 12" Dia. Ductile Iron Pipe (Epoxy Lined), Thickness Class 56, Depth 0' to 6', including Type 5 (No. 67 stone ) bedding material LF 1380 44.00$ 60,720$ S - 17 Jack and Bore 24" Dia. Steel Casing, Minimum wall thickness 0.312 inch. Carrier pipe included, 12" Dia. Ductile Iron Sanitary Sewer Pipe, Thickness Class 56, restrained joints, Ends sealed.LF 120 224.00$ 26,880$ S - 17A 12" Fast-Grip gaskets For Restrained Joints EA 7 95.00$ 665$ S - 18 Select Backfill, GA DOT Type I, Class I & II (Sand/Clay) - Measured by in-place volume BCY 473 20.00$ 9,458$ S - 18A Gravel for Trench Bedding TON 733 16.00$ 11,728$ S - 20A Pre-cast sanitary manhole, GA DOT STD 1011A, Type 1, Depth 0 to 6 (48 Diameter)EA 6 1,500.00$ 9,000$ S - 30 6" Sanitary Sewer Service Complete EA 12 400.00$ 4,800$ Opinion of Probable Construction Costs L:\projects\AUG Utilities Dept\7052200AG\Documents\A_General\Cost Estimate 6th St Repair 9.18.08 Page 1 of 2 Attachment number 2 Page 1 of 2 Item # 6 Project Description Replace the sanitary sewer system along 6th Street between Telfair Street and Walton Way. ITEM DESCRIPTION UNIT EST QTY UNIT COST TOTAL S - 37 By Pass Pumping Day 15 400.00$ 6,000$ Sewer Subtotal =129,251$ TOTAL MATERIAL COSTS=229,261$ CONTRACTOR'S 10% ADM COST=22,926$ TOTAL MATERIAL COSTS IF PURCHASED BY CONTRACTOR =252,187$ Labor - Construction LC - 1 Sewer Crew per day with equipment DAYS 20 3,000.00$ 60,000$ LC - 2 Survey Layout HRS 20 110.00$ 2,200$ Construction Labor Subtotal =62,200$ 10% Contingency =31,433$ TOTAL CONSTRUCTION COSTS =345,820$ Labor - Design and Const. Adm. LD - 1 Project Manager - Design HRS 122 140.00$ 17,080$ LD - 2 Project Manager - Bid Process HRS 8 140.00$ 1,120$ LD - 3 Administration - Bid Documents HRS 2.8 50.00$ 140$ LD - 4 Project Manager - Construction Adm HRS 100 140.00$ 14,000$ LD - 5 Survey HRS 20 110.00$ 2,200$ Design & Const. Adm. Labor Subtotal =34,540$ 10% Contingency =3,460$ TOTAL DESIGN COSTS =38,000$ TOTAL PROJECT COSTS + CONTINGENCY =383,820$ TOTAL PROJECT COSTS PER LF =256$ L:\projects\AUG Utilities Dept\7052200AG\Documents\A_General\Cost Estimate 6th St Repair 9.18.08 Page 2 of 2 Attachment number 2 Page 2 of 2 Item # 6 September 11, 2008 Mr. Wes Byne Assistant Director - Engineering Division Augusta Utilities Department 360 Bay Street, Suite 180 Augusta, Georgia 30901 RE: Second Amendment to Contract – CCTV Services per Linear Foot Compensation 4th, 5th, 6th Street Basin Sewer Evaluation & I/I Study WKD Project No. 70522.00.AG Dear Wes: Currently W.K. Dickson & Co., Inc. (WKD) is under contract with Augusta Utilities Department (AUD) to provide professional services for the sewer evaluation of the above referenced project. Our contract had a provision for WKD to provide design and construction administration services as additional services. REASON FOR THE ADDITIONAL SERVICES To reduce the startup costs for providing Closed Circuit Television (CCTV) inspections, Augusta Utilities Department (AUD) would like WK Dickson (WKD) to provide engineering services to inspect the main interceptor piping upstream from their Wastewater Treatment Plant located off of Doug Barnard Boulevard. The 72-inch interceptor was inspected in June, 2001 with Closed Circuit Television (CCTV) equipment and the piping showed signs of deterioration. The pipes at the lower end (from manhole number 1 to 20 - see attached map) are concrete and the rebar was exposed in the upper portion of the pipe. Approval of this amendment will allow AUD to evaluate the extent of the deterioration and determine if the pipe should be replaced. SCOPE OF SERVICES WKD will provide the following services of the CCTV inspection: CCTV: x Perform television inspections of the 72-inch interceptor main during low flow conditions for 14,425 linear foot of pipe. x Videos shall pan beginning and ending manholes to show existing conditions. x Television inspection videos shall be continuous for pipe segment between manholes. x During television inspection, camera passage shall show the condition of the existing main providing a 180-degree view of the pipe above the water surface. 1450 Greene Street Suite 225 Augusta, GA 30901 Tel. 706.722.3479 Fax 706.722.6773 www.wkdickson.com Transportation x Water Resources x Urban Development x Geomatics Attachment number 3 Page 1 of 6 Item # 6 Mr. Wes Byne August 13, 2008 Page 2 of 5 x Camera operator shall slowly pan each service connection, each joint of pipe that has infiltration, and any area of concrete pipe that has exposed reinforcement. x Notify AUD 24 hours in advance of any television inspection so that AUD may observe inspection problems. ENGINEERING: x Coordinate all CCTV services by administrating the contract for the inspection services, scheduling CCTV inspections with AUD, communicating with AUD on low flow conditions, delivering the final CCTV report to AUD. x Attend one meeting at the completion of the CCTV services to delivered the final report and discuss the findings of the inspections. Minutes from the meeting will be sent to AUD summarizing the discussions and recommendations. WKD will provide the following deliverables upon successful conclusion of the CCTV inspection: x Paper copies (two set) of all sanitary sewer inspected in tabular and cross-section format. x Digital video compact disc of CCTV inspections and the above mentioned reports. Each Digital video disc will also contain sanitary sewer line segments allowing the OWNER to “click and view any line defect”. Digital video will be in MPEG1 format or other suitable digital format. AUD’s responsibilities include the following: x Provide notification to homeowners in the work areas of pending CCTV inspection activities. x Provide access to those structures and sewers that have been identified as difficult access. x Provide areas to dump any debris removed from sanitary sewer lines during the inspection work. These areas shall be provided at no costs. x Provide water from the fire hydrants located near the work areas. Water shall be provided at no cost. x Minimize flow to pipe segments while performing the CCTV inspections. Divert the flow if necessary to provide a maximum 60% water depth in 72-inch pipe. COMPENSATION The compensation we request for this contract amendment is as follows: x 14,425 Linear Foot (LF) of Specialty CCTV Inspection Service under low flow conditions: Lump sum = $ 40,670.00 x Engineering Coordination and meetings: Coordination Lump sum = $ 2,400.00 Final meeting Lump sum = $ 840.00 Total Lump sum fee: $ 43, 910.00 Attachment number 3 Page 2 of 6 Item # 6 Mr. Wes Byne August 13, 2008 Page 4 of 5 W.K. DICKSON & CO., INC. 2008 RATE SCHEDULE LABOR Senior Project Manager .......................................................................................$ 160.00/hr. Project Manager...........................................................................................................$ 140.00/hr. Senior Staff Engineer .................................................................................................... $ 135.00/hr. Staff Engineer ............................................................................................................... $ 105.00/hr. Senior Designer............................................................................................................ $ 95.00/hr. Designer ...................................................................................................................... $ 90.00/hr. Senior Technician ........................................................................................................ $ 95.00/hr. Technician ................................................................................................................... $ 80.00/hr. Administrative Assistant................................................................................................$ 50.00/hr. Field Survey Party ........................................................................................................ $ 110.00/hr. Party Chief (Office Computations, Deed Research, etc.)...............................................$ 70.00/hr. Instrument Person ........................................................................................................$ 50.00/hr. EXPENSES Reproduction: i Xerox Cost i Blacklines Cost i Mylars Cost i Sepias Cost Mileage IRS Rate (currently $0.585/mile) Telephone, Postage Cost Travel (Meals/Lodging) Cost Subconsultants Cost + 10% Note: The above rates are for calendar year 2008. WK Dickson reserves the right to revise to reflect inflationary increases. Attachment number 3 Page 3 of 6 Item # 6 Item # 6 Mr. Wes Byne August 13, 2008 Page 5 of 5 Attachment number 3 Page 5 of 6 Item # 6 Date Service Upstream Downstream Dia. Total Pipe MH MH (in.) length Type Day 1 Mobilzation Day 1 CCTV 20 19 72 65 Concrete Day 1 CCTV 19 18 72 730 Concrete Day 1 CCTV 18 17 72 760 Concrete Day 2 CCTV 17 16 72 750 Concrete Day 2 CCTV 16 15 72 1020 Concrete Day 3 CCTV 15 14 72 1005 Concrete Day 3 CCTV 14 13 72 1110 Concrete Day 4 CCTV 13 12 72 665 Concrete Day 4 CCTV 12 11 72 730 Concrete Day 5 CCTV 11 10 72 470 Concrete Day 5 CCTV 10 9 72 975 Concrete Day 6 CCTV 9 8 72 750 Concrete Day 6 CCTV 8 7 72 1115 Concrete Day 7 CCTV 7 6 72 1000 Concrete Day 8 CCTV 6 5 72 725 Concrete Day 9 CCTV 5 4 72 735 Concrete Day 9 CCTV 4 3 72 895 Concrete Day 10 CCTV 3 2 72 905 Concrete Day 10 CCTV 2 1 72 20 Concrete Day11 Data Submittals TOTAL =14425 Augusta Main Interceptor Sewer CCTV Inspection Schedule For Early AM Inspection 6am-9am Attachment number 3 Page 6 of 6 Item # 6 Engineering Services Committee Meeting 9/29/2008 1:30 PM Condemnation Larry Jacobs Real Estate Division GLS Leasco, Inc. Department:Attorney Caption:Motion to authorize condemnation to acquire title of a portion of property, designated as Doug Barnard Parkway 16 inch Water Main Project, 1413 Doug Barnard Parkway for permanent and temporary construction easements. Background:The City has been unable to reach an agreement to purchase the required easements on 1413 Doug Barnard Parkway relating to 10158 – Doug Barnard Parkway 16 inch Water Main Project. In order to proceed and avoid further delays, it is necessary to condemn a portion of subject property. The required property consists of a permanent easement of 5,575 square feet of permanent easement and a temporary construction easement of 2,810 square feet. The appraised value of the easements is $614.00. Analysis:Condemnation is necessary in order to acquire the easements. Financial Impact:The necessary costs will be covered by the project budget. Alternatives:Deny condemnation. Recommendation:Approve condemnation. Funds are Available in the Following Accounts: Easement Purchase-10158 Doug Barnard Parkway Water Main 510043410- 5411120 80210158-5411120 REVIEWED AND APPROVED BY: Administrator. Clerk of Commission Cover Memo Item # 7 Engineering Services Committee Meeting 9/29/2008 1:30 PM Condemnation-ROW, permanent easement Ramdeo Ramthahal and Bobbie Ramthahal Department:Attorney Caption:Motion to authorize condemnation to acquire title of a portion of property, designated as Project Parcel 22, 114 Morehead Drive, for a Right-of-Way, permanent easement and one temporary driveway easement. Background:The City has been unable to reach an agreement with the owners to purchase the required easements. In order to proceed and avoid further delays, it is necessary to condemn a portion of subject property. The required property consists of 2,568.51 square feet of Right-of-Way, 496.06 square feet of permanent easement and a temporary driveway easement. The appraised value of the easements is $30,900.00. Analysis:Condemnation is necessary in order to acquire the easements. Financial Impact:The necessary costs will be covered by the project budget. Alternatives:Deny condemnation. Recommendation:Approve condemnation. Funds are Available in the Following Accounts: Alexander Drive Project 323041110 – 5411120 296823215 - 5411120 REVIEWED AND APPROVED BY: Administrator. Clerk of Commission Cover Memo Item # 8 Engineering Services Committee Meeting 9/29/2008 1:30 PM Defective Sidewalks Department:Public Services Department - Maintenance Division Caption:Accept and award bid in amount of $97,900 to low bidder, L-J, Inc. to repair/replace defective sidewalk slabs and place wheelchair ramps on Broad Street. Background:Over the years many different textures of concrete have been placed, tree roots have pushed up the concrete in many places, and there are several curbs that are not wheelchair accessible. In an effort to enhance the downtown living and shopping experience, we have identified several deteriorated sidewalks on Broad Street that must be repaired/replaced. Analysis:The repair/replacement of the defective sidewalks and additon of wheelchair ramps would decrease the likelihood of trip hazards and allow a safer access to sidewalks and businesses for citizens in wheelchairs. Financial Impact:Trip hazards and lack of wheelchair access will continue unless this project is performed. The cost will continue to increase due to the rising cost of materials and the potential for accidents. Alternatives:1. Accept and award bid in amount of $97,900 to low bidder, L-J, Inc. to repair/replace defective sidewalk slabs and place wheelchair ramps on Broad Street. 2. Not accept and award bid, and continue to have trip hazards and potential for accidents. Recommendation:#1. Accept and award bid in amount of $97,900 to low bidder, L-J, Inc. to repair/replace defective sidewalk slabs and place wheelchair ramps on Broad Street. Funds are Available in the Following Accounts: Funds are available in Account #272016215/207272009 (SPLOST, Phase I Recaptured) REVIEWED AND APPROVED BY: Finance. Procurement. Administrator. Cover Memo Item # 9 Clerk of Commission Cover Memo Item # 9 Defective Sidewalks Locations Locations All measurements are in feet 739 Broad 5x16 Imperial Theater 6x6 771 WC ramp 6x21 801 24x6 821 6x6 859 12x12 869 6x6 869 6x6 879 WC ramp 6x21 901 WC ramp 6x21 903 WC ramp 6x21 NBC 6x36 933 6x30 Macarthan 2 WC ramps 6x21 959 12x12 10th WC ramp 2 each 1017 24x60 1027-1051 24x122 1051 64x16 11th WC ramp 2 each 1109 36x24 1129 36x8 1147-1151 12x36 1155 24x8 1201 2 WC ramps 1251 12x16 Digital blue 5x20 12931/2-1295 24x45 Westside 1288-1282 20x94 1244-1240 20x53 1232-1224 20x40 12th WC ramp 1160-1158 20x42 Bazzar 14x24 Bazzar 9x24 1118-1116 22x25 11th WC ramp 2 each 1046-1048 4x28 1036-1032 50x24 1010-10081/2 23x22 9th 2 WC ramps 8th 3 WC ramps 730 2 WC ramps 7th 3 WC ramps Attachment number 1 Page 1 of 1 Item # 9 Bid Item #08-163 Defective Sidewalks for the City of Augusta Public Service - Maintenance Division Bid Opening Date: Tuesday, August 12, 2008 at 3:00 P.M. Vendors: 10% Bid Bond Addendums 1 - 2 Bid Amount Construction Perfected, Inc. 587 Cherry Avenue North Augusta, SC 29841 Non-Compliant State Immigration Forms Mabus Brothers Construction Co 920 Molly Pond Road Augusta, GA 30901 Yes Yes $167,875.00 Rosler & Associates 4554 Mike Padgett Highway Augusta, GA 30906 Non-Compliant LSB Forms Contract Management 1827 Killingsworth Road Augusta, GA 30904 Yes Yes $273,615.00 Beam's Contracting, Inc. 2335 Atomic Road Beech Island, SC 29842 Non-Compliant State Immigration Forms & LSB Forms Reeves Construction, Co. P.O. Box 1129 Augusta, GA 30909 L-J, Inc. 220 Stone Bridge Drive, Ste 405 Columbia, SC 29210 Yes Yes $97,900.00 Ball's Enterprises 721 Eve Street Augsuta, GA 30904 Non-Compliant State Immigration Forms Jeffery Harris 1736 Barton Chapel Road Augusta, GA 30906 Horizon Construction & Assoc P.O. Box 798 Evans, GA 30809 Yes Yes $109,000.00 Attachment number 2 Page 1 of 1 Item # 9 Attachment number 3 Page 1 of 2 Item # 9 Attachment number 3 Page 2 of 2 Item # 9 Attachment number 4 Page 1 of 1 Item # 9 Engineering Services Committee Meeting 9/29/2008 1:30 PM Encroachment Permit Agreement - Smokey Water Properties, LLC Department: Caption:Motion to authorize the Mayor or Mayor Pro Tem to sign an Encroachment Permit Agreement to allow certain encroachments into the Right-of-Way of Starnes Street from subject lots. Background:A survey was conducted which disclosed encroachment improvements into the Right-of-Way of Starnes Street which have been in place for a considerable amount of time. Planning and Zoning has indicated that relevant City Departments have been consulted and that there is no objection to the execution of the agreement. Analysis:The encroachments have been in place for a considerable amount of time and there are no known issues associated with these encroachments. Financial Impact:None Alternatives:Deny the authorization. Recommendation:Approve the Encroachment Permit Agreement if affected Departments do not object to same. Funds are Available in the Following Accounts: n/a REVIEWED AND APPROVED BY: Administrator. Clerk of Commission Cover Memo Item # 10 Attachment number 1 Page 1 of 3 Item # 10 Attachment number 1 Page 2 of 3 Item # 10 Attachment number 1 Page 3 of 3 Item # 10 Engineering Services Committee Meeting 9/29/2008 1:30 PM Grandwood Estates Phase I Department:Engineering-Abie L. Ladson, P.E., Director Caption:Approve the deeds of dedication, maintenance agreements, and road resolutions submitted by the Engineering and Augusta Utilities Departments for Grandwood Estates, Phase I. Background:The final plat was approved by the Commission on April 15, 2008 . The subdivision design and plat, including the storm drain system, have been reviewed and accepted by our engineering staff and the construction has been reviewed by our inspectors. The Utilities Department has inspected and reviewed the water and sanitary sewer installations, and hereby requests acceptance of the utility deed and maintenance agreement of same. Analysis:This section meets all codes, ordinances and standards. Portions of this subdivision lie within the jurisdiction boundaries of the Corps of Engineers wetlands, which are noted on the final plat. Acceptance of said utility deed shall dedicate, as required, the water and sanitary sewer mains along with the applicable easements to Augusta, Georgia, for operation and maintenance. Financial Impact:By accepting these roads, water and sanitary sewer installations into the County system and after the 18-month maintenance warranty by the developer/contractor has expired, all future maintenance and associated costs will be borne by Augusta, Georgia. By acceptance of the utility deed and maintenance agreement, positive revenue will be generated from the sale of water and sanitary sewer taps and monthly billing of same. Alternatives:1. Approve the deeds of dedication, maintenance agreements, and road resolutions submitted by the Engineering, and Augusta Utilities Departments for Grandwood Estates, Phase I. 2. Do not approve and risk litigation. Recommendation:Approve Alternative Number One. Funds are Available in the Following Accounts: Not required at this time. REVIEWED AND APPROVED BY: Cover Memo Item # 11 Administrator. Clerk of Commission Cover Memo Item # 11 Attachment number 1 Page 1 of 1 Item # 11 Attachment number 2 Page 1 of 1 Item # 11 Attachment number 3 Page 1 of 3 Item # 11 Attachment number 3 Page 2 of 3 Item # 11 Attachment number 3 Page 3 of 3 Item # 11 Attachment number 4 Page 1 of 2 Item # 11 Attachment number 4 Page 2 of 2 Item # 11 Attachment number 5 Page 1 of 4 Item # 11 Attachment number 5 Page 2 of 4 Item # 11 Attachment number 5 Page 3 of 4 Item # 11 Attachment number 5 Page 4 of 4 Item # 11 Attachment number 6 Page 1 of 4 Item # 11 Attachment number 6 Page 2 of 4 Item # 11 Attachment number 6 Page 3 of 4 Item # 11 Attachment number 6 Page 4 of 4 Item # 11 Attachment number 7 Page 1 of 2 Item # 11 Attachment number 7 Page 2 of 2 Item # 11 Engineering Services Committee Meeting 9/29/2008 1:30 PM Judicial Center Utility Relocation Department:Public Services Department - Facilities Management Division Caption:Approve proposals from Georgia Power and AT&T for relocation of existing utility services at the Judicial Center Site. Background:Various options for relocating existing overhead utility lines at the site of the new Judicial Center were evaluated and reviewed with the Judicial Center Committee. Analysis:Following review of options with the Judicial Center Committee, and negotiations with Georgia Power and AT&T, preliminary Letters of Agreement have been signed by representatives of Georgia Power and AT&T, for the work described in the referenced letters attached hereto. The utility relocations will result in a more aesthetically-pleasing site with minimal interference with the new construction. The relocations involve work on James Brown Boulevard, Walton Way, 10th Street, Fenwick and Talcot Streets. This work will also entail granting of an easement to Georgia Power along Fenwick Street. Financial Impact:A total fee of $234,000.00: Georgia Power costs of $200,000.00 NTE AT&T costs of $34,000.00 FUNDS ARE AVAILABLE IN ACCOUNT: Judicial Center:GL –324-05-1120; JL - 201150500 Alternatives:1. Approve Proposals from Georgia Power and AT&T for Relocation of Existing Utility Services at the Judicial Center Site. 2. Leave existing aerial utility services in place Recommendation:#1. Approve Proposals from Georgia Power and AT&T for Relocation of Existing Utility Services at the Judicial Center Site. Funds are Available in the Following Accounts: FUNDS ARE AVAILABLE IN ACCOUNT: Judicial Center: Account #324051120/201150500 REVIEWED AND APPROVED BY: Finance. Procurement. Administrator. Cover Memo Item # 12 Clerk of Commission Cover Memo Item # 12 Attachment number 1 Page 1 of 2 Item # 12 Attachment number 1 Page 2 of 2 Item # 12 Engineering Services Committee Meeting 9/29/2008 1:30 PM Motion to Approve Execution of a Contract With the Selected Architects for the TEE Center Department:Administration Caption:Motion to approve execution of a contract with TVS Associates, Inc. for architectural and engineering design consulting services associated with the new TEE Center. Background:The TEE Center project was approved by voters in the SPLOST V referendum. Major project milestones completed to date include completion of a market feasibility and programming study, selection of a location and completion of an Operations Agreement between Augusta and Augusta Riverfront, LLC. Analysis:TVS is an internationally-recognized, Georgia-based firm with expertise in trade and convention centers. Having prepared the programming study for the TEE Center, they are uniquely qualified to design the project. Financial Impact:Fees for the services will be based on a percentage of the construction cost, with the final fee “locked-in” once the construction budget is set. The project has a total of $20 million in funds. Because this funding has to cover construction, land acquisition, land development, architectural fees, project management fees, furnishings, specialty consultants and contingencies, the construction cost component is expected to be in the range of $14-16 million, absent additional funding. The Architect’s contract will include compensation provisions that utilize a sliding scale as a percentage of the construction contract award price. This will facilitate an adjustment to the architect’s fees to the exact construction contract amount, and recognize that the project budget may increased by supplemental funding. Should the overall project funding level remain at $20 million, the construction budget is forecast to be approximately $15 million, with an architect’s fee of 8.9%, or $1,339,500. Other funding and fee scenarios are attached hereto. The construction budget will become established early in the design process, at which time the compensation provision will be converted to a lump sum amount based on the percentage stated above. In addition to the above an allowance of Fifty Thousand Dollars ($50,000.00) will be included for reimbursable expenses. Alternatives:Advertise for procurement of architectural services. Recommendation:Approve execution of a contract with TVS Associates. The firm is a leader in the design of exhibition centers and is familiar with the project. Selecting another firm would likely delay the project by 4-6 months. Cover Memo Item # 13 Funds are Available in the Following Accounts: Funds are available in the following accounts: SPLOST V REVIEWED AND APPROVED BY: Administrator. Clerk of Commission Cover Memo Item # 13 1 STANDARD FORM OF CONTRACT FOR PROFESSIONAL ARCHITECTURAL SERVICES BETWEEN AUGUSTA, GEORGIA A Political Subdivision of the State of Georgia (hereinafter referred to as the Owner) AND THOMPSON, VENTULETT, STAINBACK & ASSOCIATES, INC. (hereinafter referred to as the Architect) Date: September 5, 2008 The Professional Architectural Services required by this Contract are to be rendered for the following project, hereinafter identified as the "Project": Project Name: Augusta Trade, Exhibit and Event Center Project Address: Reynolds Street City/State/Zip: Augusta, Georgia 30901 Project ID #: TEE-1 General Project Description: A new trade center building with its origin the January 15, 2008 Building Program, but to be specifically determined through a conceptual study period. Attachment number 1 Page 1 of 47 Item # 13 2 Table of Contents Article 1 Representations Article 2 Notices Article 3 Definitions Article 4 Relationship of the Parties Article 5 Basic Services Article 6 Additional Services Article 7 Design Not to Exceed Article 8 Compensation Article 9 Period of Service Article 10 2ZQHU¶V5HVSRQVLELOLWLHV Article 11 Insurance Article 12 Indemnification Article 13 Termination of Agreement Article 14 Successors/Assignment Article 15 Ownership of Documents/Confidential Information Article 16 Additional Provisions Article 17 Project Records Article 18 Prohibition Against Contingent Fees Article 19 Exhibits and Attachments Article 20 Entire Agreement Exhibit A Basic Services Exhibit B Program of Requirements Exhibit C Schedule Exhibit D Insurance Exhibit E Asbestos ± Statement of Declaration Exhibit F Non Collusion Affidavit Exhibit G Construction Contract Attachment number 1 Page 2 of 47 Item # 13 3 This Contract for Professional Architectural Services is entered into between: Owner 2ZQHU¶V1Dme: Augusta, Georgia 2ZQHU¶V$GGUHVV 530 Greene Street, Room 806 City/State/Zip: Augusta, Georgia 30911 and Architect $UFKLWHFW¶V1DPH Thompson, Ventulett, Stainback & Associates, Inc. $UFKLWHFW¶V$GGUHVV 2700 Promenade Two, 1230 Peachtree Street N.E. City/State/Zip: Atlanta, Georgia 30309 This Contract for Professional Architectural Services is executed under seal, and shall be effective on the date signed by the last party to do so. AUTHORIZED REPRESENTATIVES: The authorized representatives and addresses of the Owner and the Architect are: 2ZQHU¶V5HSUHVHQWDWLYH Firm Name: Heery International, Inc. Name: Steve Kimsey, AIA, PE, CCM Address: 999 Peachtree Street, NE City/State/Zip: Atlanta, Georgia 30309 Email Address: skimsey@heery.com Phone: 404-881-9880 Cell: 404-267-3466 Fax: 404-892-7582 $UFKLWHFW¶V5HSUHVHQWDWLYH Name: C. Andrew McLean, FAIA Address: 2700 Promenade Two, 1230 Peachtree Street N.E. City/State/Zip: Atlanta, GA 30309 Email Address: amclean@tvsa.com Phone: 404-946-6618 Cell: 404-788-6600 Fax: 770-682-4618 NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the Owner and the Architect agree: ARTICLE 1 REPRESENTATIONS By executing this Contract, the Architect makes the following express representations to the Owner: 1.1 The Architect is professionally qualified to act as the architect for the Project and is licensed to practice architecture by all public entities having jurisdiction over the Architect and the Project; Attachment number 1 Page 3 of 47 Item # 13 4 1.2 The Architect has and shall maintain all necessary licenses, permits or other authorizations necessary to act as architect for the Project until the Architect's duties hereunder have been fully satisfied; 1.3 The Architect has become familiar with the Project site and the local conditions under which the Project is to be designed, constructed, and operated; 1.4 The standard of care for all professional architectural services performed to execute the work under this contract shall be the care and skill ordinarily used by members of the design profession practicing under similar conditions at the same time and locality of the Project. 1.5 The Architect will prepare all documents and items required by this Contract including, but not limited to, all contract plans and specifications, in such a manner that they shall be coordinated and adequate for construction and shall be in conformity and comply with all applicable law, codes and regulations as required by the standard of care; 1.6 The Architect assumes full responsibility to the Owner for the negligent or willful acts and omissions of Architect¶VFRQVXOWDQWVRURWKHUHPSOR\HGRUUHWDLQHGE\ the Architect in connection with the Project; 1.7 The Owner and Architect each acknowledges that it has reviewed and familiarized itself with this Contract for Professional Architectural Services, and agrees to be bound by the terms and conditions contained herein. ARTICLE 2 NOTICES 2.1 Unless otherwise provided, all notices shall be in writing and considered duly given if the original is hand delivered. All notices shall be given to Roger L. Neuenschwander by a standard courier service at the addresses set forth above. Notices that are hand delivered shall be deemed given the next business day following the date of delivery. ARTICLE 3 DEFINITIONS The following words and phrases shall for the purposes of this Agreement have the following meanings: 3.1 Project - The Project shall be as described above. 3.2 Services - The Services to be performed by the Architect under this Agreement shall consist of the Basic Services described in Article 5 and any Additional Services included under Article 6. 3.3 Construction Contract Award Price (CCAP) ± For the purpose of this Contact, the CCAP shall be defined as the Guaranteed Maximum Price, as negotiated and agreed to between the Owner and the selected CM at Risk firm. The term ³&RQVWUXFWLRQ &RQWUDFW $ZDUG 3ULFH &&$3 ´ VKDOO EH XQGHUVWRRG WR EH Attachment number 1 Page 4 of 47 Item # 13 5 HTXLYDOHQWLQPHDQLQJWRWKHWHUP³*XDUDQWHHG0D[LPXP3ULFH *03 ´ZKHQ used herein. &&$3 LQFOXGHV DOO FRVWV RI WKH ZRUN LQFOXGLQJ &0¶V *HQHUDO Conditions and fee. 3.4 Construction Contract Documents - The Construction Contract Documents shall consist of the plans and specifications prepared by the Architect, and any addenda and change orders thereto, and the Owner-Contractor Agreement, all of which shall be compatible and consistent with this Agreement. 3.5 Contractor - The Contractor is the person or entity which enters into an agreement with the Owner to perform the construction of or any construction on the Project, including, without limitation, the providing of labor, materials, and equipment incorporated or to be incorporated into the Project. The term "Contractor" means the Contractor or its authorized representative, but excludes the Owner's Representative and the Architect. 7KHWHUP³&RQWUDFWRU´ shall be understood to be equivalent in mHDQLQJWRWKHWHP³&0DW5LVN´ 3.6 Basic Services Compensation. Basic Services Compensation shall be the lump sum fee designated in Article 8 to be paid by the Owner to the Architect in connection with the performance of the Basic Services by the Architect. 3.7 Program of Requirements. The Program of Requirements or "Program" is the detailed written summary of the requirements of the facility which sets forth the Owner's design objectives, constraints and criteria, including space requirements and relationships, quality levels, flexibility and expandability, special equipment and systems and site requirements, as described in Exhibit B, which is the product from the conceptual study period. 3.8 Design Phase Change Order - A Design Phase Change Order is the form of documentation from the Owner approving and authorizing a modification to the Program, Budget, or previously approved Design Phase documents. ARTICLE 4 RELATIONSHIP OF THE PARTIES 4.1 Professional Architectural Services - The Architect shall provide professional architectural/engineering services for the Project in accordance with the terms and conditions of this Agreement. The Architect's performance of services shall be as a professional consultant to the Owner to carry out the activities of Project design and construction administration and to provide the technical documents and construction administration to achieve the Owner's Project objectives. 4.2 Owner Representation - The Owner plans to employ and assign a Project Manager from Heery International, Inc., or similar type firm, to serve as the Owner's Representative. The Owner's Representative has no design responsibilities of any nature. None of the activities of the Owner's Representative supplant or conflict with the design, budget or any other services and responsibilities customarily furnished by the Architect or their Subconsultants in accordance with generally accepted architectural/engineering practices. The Architect shall fully cooperate with the 2ZQHU¶V5HSUHVHQWDWLYHInstructions by the Owner to the Architect relating to Attachment number 1 Page 5 of 47 Item # 13 6 services performed by the Architect will be issued or made by or through and in accordance with procedural, organizational, and documentation standards established by the Owner's Representative. Communications and submittals of the Architect to the Owner and Contractor shall be in writing and issued or made in accordance with similar procedural and documentation standards established by the Owner's Representative. The Owner's Representative shall have the authority to establish procedures, consistent with this Agreement, to be followed by the Architect and Contractor and to conduct periodic meetings to be attended by the Architect, and their subconsultants, throughout the duration of this Agreement. 4.3 Other Consultants - The Owner may provide drawings, consultation, recommendations, suggestions, data and/or other information relating to the Project from other consultants under separate contract with the Owner, including but not limited to: Land Surveying Consultant, Geotechnical Consultant, and/or Materials Testing Consultant. The Architect can rely on the accuracy of this information. 4.4 Architect Representation ± 4.4.1 The Architect shall provide a list of all consultants (and subconsultants) which the Architect intends to utilize relating to the Project prior to commencing work on the Project. The list shall include such information on the qualifications of the consultants as may be requested by the Owner. The Owner will review the consultants proposed. The Architect shall not retain a consultant to which the Owner has an objection. The Architect shall use individuals or firms that are licensed and regularly engaged in the fields of expertise required for this Project. Architect shall provide Owner with statement assuring design of roofing system to construction industry in the state of Georgia standard of care. 4.4.2 The Architect shall provide to the Owner with a list of the proposed key project personnel of the Architect and its consultants to be assigned to the Project. This list shall include such information on the professional background of each of the assigned personnel as may be requested by the Owner, through the Owner's Representative. Such key personnel and consultants shall be satisfactory to the Owner and shall not be changed except with the consent of the Owner unless said personnel cease to be in the Architect's (or its consultants or subconsultants, if applicable) employ. 4.4.3 ,I UHTXLUHG E\ WKH 2ZQHU¶V 5HSUHVHQWDWLYH Dll agents and workers of the Architect and its subconsultants shall wear identification badges provided by the Architect at all times that WKH\ DUH RQ WKH 2ZQHU¶V SURSHUW\  7KH identification badge shall at a minimum display the company name and telephone number and the employee name. 4.4.4 The Architect understands and agrees that should the Owner's Representative or other Consultant¶V provide the Architect with any estimating or scheduling assistance, cost or time control recommendations or other consultation, recommendations or suggestions, any or all such activities on the part of the Owner's Representative, Consultant, or any other representative of the Owner shall in no way relieve the Architect of the responsibility of fulfilling its obligations and responsibilities under this Agreement. ARTICLE 5 Attachment number 1 Page 6 of 47 Item # 13 7 BASIC SERVICES 5.1 The Architect shall provide the basic services as described in Exhibit A. ARTICLE 6 ADDITIONAL SERVICES 6.1 If any of the following Additional Services are authorized in advance by the Owner in writing, the Architect shall furnish or obtain from others the authorized services. If authorized in advance, in writing, by the Owner, the Architect shall be paid for these additional services by the Owner pursuant to Article 8.3 to the extent they exceed the obligations of the Architect under this Agreement. 6.1.1 Providing fully detailed presentation models or presentation renderings, not included in Basic Services. 6.1.2 Providing financial feasibility or other special studies, not included in Basic Services. 6.1.3 Providing planning surveys or alternative site evaluations. 6.1.4 Providing design services relative to future facilities, systems and equipment which are not intended to be constructed as part of the Project other than general planning and Master Planning for future work as indicated by the Program of Requirements. 6.1.5 Making major revisions in Drawings, Specifications or other documents when such revisions are inconsistent with written approvals or instructions previously given by the Owner. 6.1.6 Preparing supporting data and other services in connection with an Owner- initiated change order if the Basic Compensation is not commensurate with the services required of the Architect. 6.1.7 Providing operating and maintenance manuals, training personnel for operation and maintenance, and consultation during operations other than initial start-up, and coordinating with the Contractor(s) to provide in electronic format, as GHVLJQDWHG E\ WKH 2ZQHU¶V 5HSUHVHQWDWLYH GHWDLOHG SURGXFW DQG ZDUUDQW\ LQIRUPDWLRQIRULQSXWWRWKH2ZQHU¶V)DFLOLW\0DQDJHPHQWFRPSXWHUV\VWHP 6.1.8 Providing soils sampling, classification and analysis; however, analysis of existing soils information and soils analysis during the Design Phase and recommendations needed during the Construction Phase of the Project are not considered additional services. 6.1.9 Providing services of interior furnishings not included in the design contract. 6.1.10 Providing professional services made necessary by the default of a Contractor or by major defects in the Work of the Contractor in the performance of the Construction Contract which the Architect could not reasonably have prevented through inspection, observation or intervention. 6.1.11 Providing surveying services such as platting; mapping; subdivision agreements or recording subdivision plats. 6.1.12 Providing additional services prior to actual substantial completion of the Project made necessary by delays or defects in the work of the Contractor which the Architect could not reasonably have prevented through inspection, Attachment number 1 Page 7 of 47 Item # 13 8 observation or intervention which prolongs the Construction Contract time by more than 90 days. 6.1.13 Providing extensive assistance in the initial start-up and test operations of equipment or systems which is beyond the scope of that normally required to insure proper operation in accordance with the design and specifications. 6.1.14 Providing additional services and costs necessitated by out-of-town travel required by the Architect and approved by the Owner other than visits to the Project and other than for travel required to accomplish the Basic Services. 6.1.15 Providing consultation concerning replacement of any Work damaged by fire or other cause during construction, and furnishing professional services of the type set forth in Basic Design Services as may be required in connection with the replacement of such Work. 6.1.16 Providing services after payment by the Owner of the Final Payment to the Architect other than services called for in the Basic Services. 6.1.17 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practices consistent with the terms of this Agreement. 6.1.18 The Architect shall provide testimony in public hearings, arbitration proceedings, and legal proceedings, and such testimony shall be provided without additional fee or charge to the Owner unless said testimony is requested by the Owner and consists of expert testimony not related to this Project or Work. ARTICLE 7 DESIGN NOT TO EXCEED 7.1 2ZQHU¶V%XGJHW - The Architect understands and acknowledges that the Owner will establish a budget for the Project during the conceptual study period. When the Construction Contract Award Price (CCAP) is established, it becomes a part of this contract. This figure includes projected construction cost escalation, and is based upon a Guaranteed Maximum Price contract award. 7.2 Limitation On Construction Contract Award Price - The Architect agrees to design the Project so that the actual CCAP does not exceed the budgeted CCAP indicated above. The Owner's Representative to provide cost estimating during the Conceptual Study Period. The CM at Risk will be retained to provide pre-construction services which include estimating the remaining phases of the project. 7.3 2ZQHU¶V 5HPHGLHVfor Excessive Cost - If the negotiated CCAP (GMP) H[FHHGVWKH2ZQHU¶VEXGJHWHGCCAP (GMP) by more than five percent (5%) the Owner may, in addition to any other remedies provided in this Contract; 7.3.1 accept the bid or negotiated CCAP; 7.3.2 require the Architect, at no cost to the Owner, to re-bid or re-negotiate Attachment number 1 Page 8 of 47 Item # 13 9 the Work; 7.3.3 cancel the Work or any portion of the Work; 7.3.4 revise the scope of the Work, as required to reduce the CCAP; 7.3.5 require the Architect, at no cost to the Owner, to modify the Construction Documents and re-bid or re-negotiate the Work to result in a bid or negotiated CCAP within the budgeted CCAP. In order to reduce the CCAP to the budgeted CCAP, the Architect shall, in DGGLWLRQWRWKHDERYHDWWKH2ZQHU¶VUHTXHVWDQGDWQo additional cost to the Owner, 7.3.5.1 provide value engineering to reduce the CCAP to the budgeted CCAP; 7.3.5.2 assist the Owner in redefining the scope of the Project; 7.3.5.3 incorporate all scope reductions and Project modifications into the modified Construction Documents. 7.3.5.4 the Owner will reasonably cooperate in identifying cost cutting measures. ARTICLE 8 COMPENSATION 8.1 Basic Services Compensation - The Owner shall compensate the Architect in accordance with the terms and conditions of this Agreement, including the following: 8.1.1 For the Basic Services of the Architect, Basic Services Compensation shall be set based on a sliding scale as a percentage of the CCAP. It is understood that the CCAP could range between Fourteen Million Dollars ($14,000,000.00) and Thirty Million Dollars ($30,000,000.00). Compensation as a percentage of the budget would vary along a sliding scale from 9.0% at a budget of Fourteen Million Dollars ($14,000,000.00) to 7.9% at a budget of Thirty Million Dollars ($30,000,000.00). After the CCAP is established in the conceptual study period, compensation will be converted to a lump sum amount based on the percentage stated above. In addition to the above an allowance of Fifty Thousand Dollars ($50,000.00) will be included for reimbursable expenses. 8.1.1.1 For the purposes of Subparagraph 8.1.1, no amount is to be included within the scope of the CCAP for the cost of land, rights-of-way or other non-construction costs which are the responsibility of the Owner. 8.1.1.2 For the purposes of Subparagraph 8.1.1, no labor and materials furnished by the Owner for the Project shall be included with the scope of the CCAP unless designed by the Architect. 8.1.1.3 For the purposes of Subparagraph 8.1.1, should the Owner request additions to the Project which would cause a change or changes in the scope of the Program of Requirements or previously approved designs or design criteria, Attachment number 1 Page 9 of 47 Item # 13 10 the CCAP shall be increased by the aggregate amount of such change(s) and the commensurate adjustment to the compensation will be negotiated. 8.1.1.4 In the event the Owner requests changes to the Project or elects not to complete the work or any portion thereof, which would decrease the most recently approved CCAP, basic compensation due the Architect, as to such deletion or decrease, shall be adjusted through negotiation downwards for remaining services to be performed but not for services already performed to the date of receipt by the Architect of the written requested change or notice of the intent not to complete part or all of the work, in accordance with the basic payment schedule set forth in Paragraph 8.2 herein. 8.1.1.5 The Basic Services Compensation stated in Paragraph 8.1.1 includes all compensation and other payments due the Architect (labor, overhead, profit, direct costs) in the performance of the Basic Services. 8.2 Payments to the Architect - Payments on account of the Architect shall be made as follows: 8.2.1 Payments for Basic Services, including any design phase change orders, shall be made monthly in proportion to services performed so that the compensation at the completion of each Phase shall equal the following percentages of the Basic Services Compensation. Payment shall be made monthly upon presentatLRQ RI WKH $UFKLWHFW¶V VWDWHPHQW RI VHUYLFHV IXOO\ VXSSRUWHG E\ invoices, time sheets (for add services if needed), and certifications that all consultants and subconsultants have been paid, and other documentation as requested by the Owner. Phase Phase Value Percentage Complete Conceptual Study Period Not to Exceed $35,000.00 Design Narrative/Schematic Design 15% 15% Design Development 20% 35% Construction Document 35% 70% Permitting and Bidding/Negotiation 5% 75% Construction 24% 99% Final Completion 1% 100% 8.2.2 No deductions shall be made from the Architect's Basic Services Compensation on account of penalty, liquidated damages, retainage or other sums withheld from payments to Contractor. 8.2.3 Reimbursable Expenses incurred while performing Basic or Additional Services shall be computed at a multiple of 1.00 times actual cost. Reimbursable Expenses shall include such reasonable, actual expenditures made by the Architect, his employees, or his professional consultants in the interest of the Project, limited to the following: the reasonable travel expenses when traveling from the $UFKLWHFW¶V office to a location outside of the Metropolitan Atlanta Area in connection with the Project; and expenses for reproductions for submittals, postage, courier, delivery charges, telecommunications and facsimile, USGBC registration, and handling of Drawings and Specifications, beyond those for the Attachment number 1 Page 10 of 47 Item # 13 11 Architect¶VDQGVXEFRQVXOWDQWV¶XVH,WLVWKH2ZQHU¶VLQWHQWWRSD\WKHFRVWIRU reproductions for drawings and specification releases for design and construction directly. 8.2.4 If the Project is suspended for more than four (4) months or abandoned in whole or in part by the Owner, the Architect shall be paid compensation for services performed prior to receipt of written notice from the Owner of such suspension or abandonment. If the Project is resumed after being suspended for more than six (6) months, the Architect's Basic Services Compensation shall be equitably adjusted. 8.3 Additional Services Compensation 8.3.1 With respect to any Additional Services, as described in Article 6 herein, performed by the Architect hereunder, the Architect and Owner shall negotiate an equitable adjustment to the Basic Services Compensation. However, if negotiations are not successful prior to the time the additional services are needed, the Owner may direct the Architect to proceed with the Additional Services on a time spent basis with Additional Services Compensation to be computed as follows: 8.3.1.1 Employees' time computed at a multiple of (to be negotiated at time of request) times the employees' Direct Personnal Expense Hourly Rate. 8.3.1.2 Re-inspection and re-submittal review time that is billable to the Contractor shall be reimbursed to the Architect at the rate indicated in 8.3.1.1 above. 8.3.2 Payments for Additional Services of the Architect shall be made monthly upon presentation of the Architect's statement of services, fully supported by invoices, time sheets, and other documentation as requested by the Owner. 8.4 Accounting Records 8.4.1 Records of the Architect with respect to Additional Services and payroll, and consultant and other expenses (including Reimbursable Expenses) pertaining to the Project, shall be kept according to generally accepted accounting principles and shall be available to the Owner or its authorized representative for inspection and copying at mutually convenient times. 8.4.2 At the request of the Owner or its authorized representative, the Architect will supply in a timely manner and certify as accurate, unaltered copies of all time sheets, invoices, and other documents to substantiate and document any and all Additional Services and Reimbursable Expenses. ARTICLE 9 PERIOD OF SERVICE 9.1 Specific dates relating to the period of services are set forth in Exhibit C. 9.2 Unless earlier terminated as provided in Article 13 herein, this Agreement shall remain in force for a period which may reasonably be required for the Basic Services and Additional Services hereunder. However, the provisions of the Agreement relating to Representations (Article 1); Professional Liability coverage (Article 11.1); Indemnification (Article 12); and Ownership of Documents/Confidential Information (Article 15) shall remain in effect after termination of the other provisions of the Agreement. No obligations under this Agreement shall extend beyond the period when the applicable statutes of Attachment number 1 Page 11 of 47 Item # 13 12 limitations or repose would bar the institution of legal proceedings arising out of the services performed hereunder. 9.3 If the Project is delayed through no fault of the Architect, all specific dates noted in the Exhibit C that are affected by the delay will be adjusted by the number of calendar days of the delay. 9.4 If the Owner materially revises the Project, a reasonable time extension and/or credit shall be negotiated between the Architect and the Owner. 9.5 $UFKLWHFW DJUHHV WR H[HUFLVH GLOLJHQFH LQ WKH SHUIRUPDQFH RI LW¶V VHUYLFHV consistent with the agreed upon project schedule, subject however, to the exercise of the generally accepted standard of care for performance of such services. ARTICLE 10 OWNER'S RESPONSIBILITIES 10.1 The Owner shall provide full information regarding the requirements for the Project. 10.2 The Owner shall examine documents submitted by the Architect and shall render decisions which pertain thereto promptly, to avoid unreasonable delay in the progress of the Architect's Services. 10.3 If required for this Project, the Owner shall furnish a certified land survey of the site, giving as applicable, grades and lines of streets, alleys, pavements and adjoining property; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and as-built drawings and specifications pertaining to existing buildings, other improvements and trees; and full information concerning available service and utility lines, both public and private, above and below grade, including inverts and depths. 10.4 The Owner shall pay for the services of a soils engineer or other consultant, when such services are deemed necessary by the Architect or Owner's Representative, to provide reports, test borings, test pits, soil bearing values, percolation tests, air and water pollution tests, ground corrosion and resistivity tests and other necessary operations for determining subsoil, air and water conditions, with appropriate professional interpretations thereof. 10.5 The Owner shall pay for structural, mechanical, chemical and other laboratory tests, inspections and reports as required by law that are not otherwise called for in this Agreement. 10.6 The Owner shall furnish such legal, accounting, and insurance counseling services as the Owner may deem necessary for the Project and such auditing services as may be required to ascertain how, or for what purposes, the Contractor has used the moneys paid to it under the Construction Contract. 10.7 All services, information, surveys and reports required of the Owner shall be furnished at the Owner's expense and the Architect shall be entitled to rely upon their accuracy and completeness. 10.8 The Owner shall furnish information and approvals required of it expeditiously, for orderly progress of the Work. Attachment number 1 Page 12 of 47 Item # 13 13 10.9 The Architect shall provide documents so that the CM at Risk may request, expedite, and obtain all necessary permits, licenses, approvals, easements, assessments, and charges required for the construction, use or occupancy of permanent structures or for permanent changes in any existing facilities. If it is customary for the General Contractor to obtain any permits and/or licenses, the Architect shall coordinate this on behalf of the Owner. ARTICLE 11 INSURANCE 11.1 The Architect shall provide the Insurance as described in Exhibit D. ARTICLE 12 INDEMNIFICATION 12.1 Notwithstanding anything to the contrary contained herein, the Architect shall indemnify and hold harmless the Owner WKH 2ZQHU¶V 5HSUHVentative, FRQVXOWDQWDXWKRUL]HGWRDFWRQWKH2ZQHU¶VEHKDOIand their employees from and against all claims, damages, losses and expenses, including but not limited to reasonable attorney's fees, to the extent caused by (1) the Architect's negligent performance or failure to perform its obligations under this Agreement and (2) any claim, damage, loss or expense attributable to bodily injury, sickness, disease or death, or to injury to or destruction of personal and/or real property and caused by any negligent act or omission of the Architect, anyone directly employed by the Architect or anyone for whose acts the Architect is legally liable. Such obligation shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this Article. 12.2 Notwithstanding anything to the contrary contained herein, the Owner shall indemnify and hold harmless the Architect and its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from (1) the Owner's performance or failure to perform its obligations under this Agreement and (2) any claim, damage, loss or expense attributable to bodily injury, sickness, disease or death, or to injury to or destruction of personal property including the loss of use resulting there from and caused solely by any negligent act or omission of the Owner or any consultant hired by the Owner pursuant to Article 4 above. Such obligation shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this Article. 12.3 Except as otherwise set forth in this Agreement, the Architect and the Owner shall not be liable to each other for any delays in the performance of their respective obligations and responsibilities under this Agreement which arise from causes beyond their control and without their fault or negligence, including but not limited to, any of the following events or occurrences: fire, flood, earthquake, epidemic, pandemic, atmospheric condition of unusual severity, war, acts of terrorism, and strikes. The Owner shall not be liable to the Architect for acts or failures to act by the Contractor. 12.4 In no event shall either party be liable to the other for any indirect, incidental, or consequential damages of any kind or nature. Attachment number 1 Page 13 of 47 Item # 13 14 ARTICLE 13 TERMINATION OF AGREEMENT 13.1 If: (a) the Owner abandons the Project or the Project is stopped for more than six (6) months due to actions taken by the Owner, or under an order of any court or other public authority having jurisdiction, or as a result of an act of government, such as a declaration of a national emergency making materials unavailable through no act or fault of the Architect or its agents or employees, or (b) the Owner has failed to substantially perform in accordance with the provisions of this Agreement due to no fault of the Architect and such non- performance continues without cure for a period of thirty (30) days after the Owner receives from the Architect a written notice of such non-performance (including a detailed explanation of the actions of the Owner required for cure), the Owner may, upon fifteen (15) days' additional written notice to the Owner, terminate this Agreement, without prejudice to any right or remedy otherwise available to the Owner, and recover from the Owner payment for all services performed to the date of the notice terminating this Agreement. 13.2 Upon the appointment of a receiver for the Architect, or if the Architect makes a general assignment for the benefit of creditors, the Owner may terminate this Agreement, without prejudice to any right or remedy otherwise available to the Owner, upon giving three (3) days written notice to the Architect. If an order for relief is entered under the bankruptcy code with respect to the Architect, the Owner may terminate this Agreement by giving three (3) days written notice to the Architect unless the Architect or the trustee: (a) promptly cures all breaches; (b) provides adequate assurances of future performance; (c) compensates the Owner for actual pecuniary loss resulting from such breaches; and (d) assumes the obligations of the Architect within the statutory time limits. 13.3 If the Architect persistently or repeatedly refuses or fails, except in cases for which an extension of time is provided, to supply sufficient properly skilled staff or proper materials, or persistently disregards laws, ordinances, rules, regulations or orders of any public authority jurisdiction, or otherwise substantially violates or breaches any term or provision of this Agreement, then the Owner may, without prejudice to any right or remedy otherwise available to the Owner, and after giving the Architect seven (7) days written notice, terminate this Agreement. 13.4 Upon termination of this Agreement by the Owner under Paragraph 13.2 and 13.3 the Owner shall be entitled to furnish or have furnished the Services to be performed hereunder by the Architect by whatever method the Owner may deem expedient. Also, in such cases, the Architect shall not be entitled to receive any further payment until completion of the Work; and the total compensation to the Architect under this Agreement shall be the amount which is equitable under the circumstances. If the Owner and the Architect are unable to agree on the amount to be paid under the foregoing sentence, the matter may be referred to a mutually agreed upon dispute settlement process. 13.5 The Owner may, upon thirty (30) days written notice to the Architect, terminate this Agreement, in whole or in part, at any time for the convenience of the Owner, without prejudice to any right or remedy otherwise available to the Attachment number 1 Page 14 of 47 Item # 13 15 Owner. Upon receipt of such notice, the Architect shall immediately discontinue all services affected unless such notice directs otherwise. In the event of a termination for convenience of the Owner, the Architect's sole and exclusive right and remedy with respect to LW¶VFRPSHnsation is to be paid for all work performed and to receive equitable adjustment for all work performed up to and including the date of termination. The Architect shall not be entitled to be paid any amount as profit for unperformed services or consideration for the termination of convenience by the Owner. 13.6 Should the Owner terminate this agreement as provided for under this Article, the Owner will acquire such drawings, including the use of all drawings, specifications, documents and materials relating to the Project prepared by or in the possession of the Architect. The Architect will turn over to the Owner in a timely manner and in good unaltered condition all original drawings, specifications, documents, materials, and computer files. In recognition that all materials turned over under this Article may not be complete, the Owner agrees to defend, indemnify, and hold harmless the Architect from and against any and all liability, damages, expenses, and costs (including reasonable DWWRUQH\V¶IHHV DULVLQJfrom or related to the use or modification of materials originally prepared by the Architect under this Agreement. This indemnity shall DSSO\ WR XVH RI WKH $UFKLWHFW¶V PDWHULDOV RQ WKLV RU DQ\RWKHU SURMHFW  7KH Owner shall also remove or obscure all marking on any documents or material prepared by the Architect that are sufficient to identify Architect as the author thereof. ARTICLE 14 SUCCESSORS/ASSIGNMENT 14.1 This Agreement shall inure to the benefit of and be binding on the heirs, successors, assigns, trustees and personal representatives of the Owner, as well as the permitted assigns and trustees of the Architect. 14.2 The Architect shall not assign, sublet or transfer its interest in this Agreement without the written consent of the Owner, except that the Architect may assign accounts receivable to a commercial bank or financial institution for securing loans, without prior approval of the Owner. 14.3 Nothing contained herein shall create any relationship, contractual or otherwise, with, or any rights in favor of, any third party. ARTICLE 15 OWNERSHIP OF DOCUMENTS/CONFIDENTIAL INFORMATION 15.1 Drawings and Specifications as instruments of service are and shall remain the joint property of the Architect and the Owner whether the Project for which they are made is built or not. Said documents and design concept are not to be used by the Architect or the Owner on other projects. The Owner shall retain reproducible copies and electronic copies of Drawings and Specifications for information and reference and use in connection with the Owner's use and occupancy of the Project and for the Owner's future requirements of the Project's facilities including without limitation any alteration or expansion in any manner the Owner deems appropriate without additional compensation to the Attachment number 1 Page 15 of 47 Item # 13 16 Architect. The Owner shall indemnify and hold harmless the Architect against any liability resulting from any use of the Drawings and Specifications without the Architect's consent. 15.2 In order for the Architect to fulfill this Agreement effectively, it may be necessary or desirable for the Owner to disclose to the Architect confidential and proprietary information and trade secrets pertaining to the Owner's past, present and future activities. The Architect hereby agrees to treat any and all informatioQVSHFLILFDOO\DGYLVHGDV³FRQILGHQWLDO¶E\WKH2ZQHUDQGSURYLGHGWR the Architect in the course of WKH$UFKLWHFW¶VSURIHVVLRQDOVHUYLFHVKHUHXQGHU as strictly confidential, unless withholding such information would violate the law, create the risk of significant harm to the public or prevent the Architect from establishing a claim or defense in an adjudicatory proceeding. The Architect further agrees that it will not disclose during the period of this Agreement or thereafter to anyone outside of the authorized Project team (1) Owner's trade secrets or (2) Owner's confidential and proprietary information. ARTICLE 16 ADDITIONAL PROVISIONS 16.1 The Owner and Architect agree to endeavor to provide written notification and to negotiate in good faith prior to litigation concerning claims, disputes, and other matters in question arising out of or relating to this Agreement or the breach thereof. 16.2 Nothing herein contained shall be construed to require the parties to provide written notifications or engage in negotiations prior to the institution of litigation nor to submit for alternative dispute resolution by a third party or parties any such claim, dispute or other matter in question between the parties, but the parties may by mutual agreement submit any claim, dispute or other matter at issue to arbitration, or such other alternative dispute resolution procedure as may be mutually agreed upon between the parties. 16.3 Whenever renderings, photographs of renderings, photographs of models, photographs, drawings, announcements, or other illustration or information of the Project are released for public information, advertisement or publicity, appropriate and proper credit for architectural and other services shall be given to the Architect and Owner respectively. 16.4 The payment of any sums by the Owner shall not constitute a waiver of any claims for damages by the Owner for any breach of the Agreement by the Architect. 16.5 This Agreement shall be governed by the laws of the State of Georgia, U.S.A. 16.6 If any one or more of the provisions contained in this Agreement, for any reason, are held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions thereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 16.7 Except where specifically stated otherwise, all periods of time stated in terms of days shall be considered periods calculated in calendar days. Attachment number 1 Page 16 of 47 Item # 13 17 16.8 The headings or captions within this Agreement shall be deemed set forth in the manner presented for the purposes of reference only and shall not control or otherwise affect the information set forth therein or interpretation thereof. 16.9 For the purpose of this Agreement unless the context clearly indicates otherwise, the singular includes the plural, and the plural includes the singular. 16.10 This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, and the counterparts shall constitute one and the same instrument, which shall be sufficient evidence by any one thereof. ARTICLE 17 PROJECT RECORDS 17.1 All records relating in any manner whatsoever to the Project, or any designated portion thereof, which are in the possession of the Architect or the Architect's consultants, shall be made available to the Owner for inspection and copying upon written request of the Owner. Additionally, said records shall be made available, upon request by the Owner, to any state, federal or other regulatory authorities and any such authority may review, inspect and copy such records. Said records include, but are not limited to, all plans, specifications, submittals, correspondence, minutes, memoranda, tape recordings, videos, or other writings or things which document the Project, its design, and its construction. Said records expressly include those documents reflecting the time expended by the Architect and its personnel in performing the obligations of this Contract and the records of expenses incurred by the Architect in its performance under said Contract. The Architect shall maintain and protect these records for no less than ten (10) years after final completion of the Project, or for any longer period of time as may be required by applicable law or good architectural practice. ARTICLE 18 PROHIBITION AGAINST CONTINGENT FEES 18.1 The Architect by execution of this Contract warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Contract and that he has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for him, any fees, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Contract. ARTICLE 19 EXHIBITS AND ATTACHMENTS 19.1 Attached hereto and incorporated herein as part of this Contract are Exhibit A ± Basic Services, Exhibit B ± Program of Requirements, Exhibit C ± Schedule, Exhibit D ± Insurance, Exhibit E - the Asbestos Statement of Declaration, Exhibit F ± Non Collusion Affidavit, and Exhibit G ± Construction Contract. ARTICLE 20 Attachment number 1 Page 17 of 47 Item # 13 18 ENTIRE AGREEMENT 20.1 This Agreement and its Exhibits and Attachments represent the entire and integrated agreement between the Owner and the Architect and it supersedes all prior communications, discussions, negotiations, understandings, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect Attachment number 1 Page 18 of 47 Item # 13 19 In witness whereof, each individual executing this agreement acknowledges that he/she/it is authorized to execute this agreement and further acknowledges the execution of this agreement on the date signed below. Owner: Architect: Augusta, Georgia Thompson, Ventulett, Stainback & Associates, Inc. By: (Signature) (Seal) (Signature) (Seal) Roger L. Neuenschwander (Name) (Name) President (Title) (Title) 530 Greene Street 2700 Promenade Two, 1230 Peachtree Street, N.E. (Street Address ± No PO Box) (Street Address ± No PO Box) Augusta, Georgia 30911 Atlanta, Georgia 30309 (City, State, Zip) (City, State, Zip) Date of Signature Date of Signature (Witness) (Witness) Attachment number 1 Page 19 of 47 Item # 13 20 Exhibit A Basic Services The January 15, 2008 Augusta Trade, Exhibit and Event Center Building Program, as modified during the Conceptual Study Period to meet the budgeted CCAP, shall be the basis for the project design. The CCAP will be established prior to commencement of the Schematic Design Phase. Conceptual Study Period: The Architect shall provide the Owner with an evaluation of the existing building program and recommended modification/selective implementation of the existing building program to bring the program in line with the CCAP approved by the Owner. Deliverables shall include: a. Recommended program alternatives to meet the CCAP with advantages and disadvantages, b. A modified Building Program approved by the Owner, c. Conceptual site plan and building plan sketches of the modified program. Architect shall not move into design until the building program and CCAP are approved. The Owner's Representative will provide cost estimating to determine that the Program is within the CCAP. 1. Design Narrative Phase a. The Architect shall examine and analyze available information provided by the Owner and shall advise and recommend as to additional information necessary to begin specific design work on the Project. In addition, the Architect shall: i. Visit and observe the Project Site and any structures or other features to be modified; ii. Familiarize themselves with the survey, and the location of all existing buildings, utilities, conditions, streets, equipment, components and other attributes having or likely to have an impact on the Project; iii. Familiarize themselves with the Program of Requirements and make any necessary revisions as required to begin the design phase; iv. Familiarize themselves with pertinent Project dates and programming needs, including the Project Design Schedule; v. Review all Project geotechnical, Hazardous Substance, structural, chemical, electrical, mechanical and construction materials tests, investigations and recommendations; vi. Review local zoning restrictions and requirements; vii. Analyze opportunities for incorporation of sustainable design features, in support of the goal of meeting LEED Version 2.2 Certification. viii. Register project with USGBC. Attachment number 1 Page 20 of 47 Item # 13 21 ix. Gather such other information necessary for a thorough understanding of the Project. b. Upon analysis of all available information and prior to initiating any design tasks, the Architect shall participate in a Pre-Design Project Analysis. The Architect shall have in attendance the individuals who will represent the primary architectural and engineering disciplines on the project and others as may be requested by the Owner's Representative. The Architect shall take and transcribe minutes of the sessions. c. Upon conclusion of the Pre-Design Project Analysis, the Architect shall prepare a report to the Owner (hereinafter referred to as the Design Narrative) along with a Design Schedule acceptable to the Owner which is the Architect's interpretation of the Project requirements, design parameters and objectives, and results of the Pre-Design Project Analysis. To the maximum extent possible, the Design Narrative will contain diagrammatic studies and pertinent text relative to: design concept; Program of Requirements; analysis of alternatives; internal functions; human, vehicle and material flow patterns; general space allocations; detailed analysis of operating functions; studies of adjacency, vertical and horizontal affinities; and outline descriptions of major building components and systems. d. Upon written authorization from the Owner to proceed, and based on the approved Design Narrative, the Construction Contract Award Price (CCAP), and Program of Requirements the Architect shall prepare Schematic Design Studies consisting of drawings and other documents illustrating the design concept, scale and relationship of the Project components for approval by the Owner. 2. Schematic Design Phase a. The Architect shall provide the Owner's Representative periodically with copies of Schematic Design Studies for the Owner's Representative's review during the Schematic Design Phase. At the end of the Schematic Design Phase the Architect shall provide the Owner's Representative with a complete set of the drawings and other documents for approval by the Owner in an uneditable electronic media. b. The Architect shall participate as requested in meetings with Owner's staff to review the project, receive the Owner's input and provide responses to input. c. The Architect shall prepare documents and make presentations to Augusta Georgia as determined by the Owners Representative. Documents required for presentation shall include but not limited to mounted and colored site plans, floor plans and elevations. d. Documents prepared by the Architect for final Schematic Design Phase submittal shall include drawings and a written report. The drawings shall include, but not be limited to; a proposed site utilization study of the property of the Project, schematic plans of all floor plan conditions, and Attachment number 1 Page 21 of 47 Item # 13 22 simplified elevations indicating the fundamentals of the architectural concept. The report shall include the status of the work, a summary of programmed versus actual square footage by room or area and net to gross comparisons in a format defined by the Owner; such discussion of design factors, if any, as are pertinent in the opinion of the Architect; and descriptions of proposed engineered systems, construction concepts, materials and work to be included in the construction contracts. Further, the report should include any pertinent minutes from meetings or telephone conferences with, or letters from review agencies with responses, and responses to all review comments from staff from previous reviews. e. The Architect shall include as part of his submittal a statement that to the best of his knowledge and belief the documents incorporate the design standards conveyed by the Owner during this phase of design. f. The Architect shall submit a statement indicating that local governing authorities are aware of the project, and the necessary requirements of such agency will be met to the best of his knowledge and belief. g. To be considered acceptable for final Schematic Design Phase submittal, the documents shall contain all of the following unless otherwise agreed in writing: i. Architectural 1. Overall plans (at ´VFDOH) showing complete building layout, and identifying areas, room by room, showing square footage with comparisons to program standards, and core areas and their relationships. 2. (QODUJHGSODQV DW´VFDOH RIVHOHFWDUHDVVXFKDVPDLQHQWU\ lobby, concourse, toilets and back of house areas. 3. Preliminary building section and elevations indicating location and size of fenestration. 4. Preliminary furniture layouts of critical spaces. 5. Site plan with building located and overall grading plan with a minimum of ¶- 0" contour lines. All major site development such as orientation, access road paving, walls and outside support buildings, structured parking facilities and paved parking lots should be shown. 6. Gross and net area calculations separated to show conformance with the Program of Requirements. 7. Preliminary Building Code Summary. ii. Structural 1. Narrative of structural system (concrete, precast, structural steel with composite deck, structural steel with bar joists, etc.). 2. Identification of foundation requirements (fill requirements, piles, caissons, spread, footings, etc.). iii. Mechanical 1. Block heating, ventilating and cooling loads estimates including skin versus internal loading. 2. Single-line drawings of all mechanical equipment spaces, duct Attachment number 1 Page 22 of 47 Item # 13 23 chases and pipe chases. 3. Location of all major equipment in allocated spaces. 4. Location of all service entrances. iv. Electrical 1. Lighting fixtures roughly scheduled showing types of fixtures to be used. 2. Major electrical equipment roughly scheduled indicating size and capacity. 3. Complete preliminary one-line electrical distribution diagrams with indications of final location of service entry, transformers and emergency generator, if required. 4. Description of specialized electrical systems (fire alarm, intercom, voice/data, etc.). 5. Legend showing all symbols used on drawings. h. Documents not complying with Subparagraph 2.g. shall be returned to the Architect for correction at no additional charge to the Owner and with no change to the overall Project design schedule. i. Upon Owner acceptance and approval of the Schematic Design, the structural bay sizes, floor elevations and exterior wall locations (building "footprint") may not be changed except by a Design Phase Change Order. j. The Architect shall provide electronic images (in pdf format) at each phase of the design for use by Augusta Georgia on their website. k. The Architect shall provide in-progress sketches, at each phase of the design, mounted on presentation boards for display in the Main Lobby of the existing Municipal Building. 3. Design Development Phase. a. The Architect shall prepare from the approved Schematic Design Studies, for further approval by the Owner, the Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the entire Project as to structural, mechanical and electrical systems, materials and such other essentials as may be appropriate. b. Design Development Documents prepared by the Architect shall include drawings and a written report in more detail than the Schematic Design Documents and shall take into account the Owner's comments on the previous submittal. The report shall include the status of the work, a summary of programmed versus actual square footage by room or area in a format defined by the Owner, such discussion of design factors, if any, as are pertinent in the opinion of the Architect; and outline descriptions of proposed engineered systems, construction concepts, materials and work to be included in the construction contracts. Drawings shall include dimensioned site development plan, floors plans, elevations, and typical sections indicating proposed construction. Drawings shall also include information on major finishes as well as diagrammatic drawings Attachment number 1 Page 23 of 47 Item # 13 24 illustrating fundamentals of major engineered systems, i.e., structural, mechanical and electrical. c. The Architect shall include as part of his submittal a statement that to the best of his knowledge and belief the documents incorporate the design standards conveyed by the Owner during this phase of design. d. The Architect shall submit the final Design Development package, pertinent meeting minutes, etc. to show how review comments made in Schematic Design have been addressed. It should be clear from the notes where the specific item was incorporated into the Design Development submittal or an explanation if it was not incorporated. e. The Architect shall provide the Owner's Representative periodically with copies of in-progress Design Development Documents during the Design Development Phase. At the end of the Design Development Phase the Architect shall provide the Owner's Representative with a complete set of the drawings and other documents for approval by the Owner in an uneditable electronic media. The documents for this final Design Development Phase submittal shall contain all of the following unless otherwise agreed in writing: i. Architectural 1. Project phasing plan. 2. Building Code Summary Sheet. 3. Life safety plans showing all fire walls and egress calculations. 4. Floor plans (at 1/8" scale) with final room locations including all openings. 5. 5RRI SODQ DW ´ VFDOH  LQGLFDWLQJ VWUXFWXUDO VORSH GUDLQDJH areas and drain locations. 6. Wall sections showing final dimensional relationships, materials and component relationships. 7. Plans shall show typical furniture layouts associated with an exhibit type facility. 8. Finish schedule identifying all finishes. 9. Preliminary door and hardware schedule showing final quantity plus type and quality levels. 10. Virtually complete site plan including grading and drainage. 11. Preliminary development of details, including millwork details and large scale blow-ups. 12. Legend showing all symbols used on drawings. 13. Outline of materials to be specified in the CD phase. 14. Reflective ceiling development including ceiling grid and all devices that penetrate the ceiling (i.e., light fixtures, sprinkler heads, ceiling register or diffusers, etc.). ii. Structural 1. Plan drawings with all structural members located and sized. 2. Final building elevations. 3. Outline of materials to be specified in the CD phase. 4. Foundation drawings. iii. Plumbing 1. Piping, fixtures and equipment substantially located and sized. Attachment number 1 Page 24 of 47 Item # 13 25 iv. Mechanical 1. Heating and cooling load calculations for each space and major duct or pipe runs sized to interface structural. 2. Major mechanical equipment scheduled indicating size and capacity. 3. Ductwork and piping substantially located and sized (mains only). 4. Above ceiling and/or mechanical room layouts to verify all, structural, mechanical, plumbing, electrical and fire protection systems fit in available spaces. 5. Typical devices in ceiling located in public spaces. 6. Legend showing all symbols used on drawings. 7. Outline of materials to be specified in the CD phase. 8. Completed life cycle cost analysis. v. Electrical 1. Power consuming equipment and load characteristics. 2. Electric load estimate. 3. Major electrical equipment (switchgear, distribution panels, emergency generator, transfer switches, UPS system, etc.) dimensioned and drawn to scale into the space allocated. 4. Preliminary site lighting design coordinated with Georgia Power. 5. Outline of materials to be specified in the CD phase. 6. Lighting, power, telecommunications and office automation devices and receptacles shown in plan. 7. Preliminary light fixture schedule. 8. One line diagram of specialized electrical systems (fire alarm, intercom, voice/data, etc.) showing location of control equipment/panels and devices. 9. Interior electrical loads estimate for systems furniture, receptacles, lighting, food service equipment, and any other special use areas, etc. vi. Fire Protection 1. Provide flow test information 2. Provide narrative of proposed fire protection system. vii. Sustainability/LEED 1. Provide LEED Score Sheet Itemizing anticipated LEED points and team responsibilities. f. Documents not complying with Subparagraph 3.g. shall be returned to the Architect for correction at no additional charge to the Owner and with no change to the overall Project design schedule. g. The Architect shall provide electronic images (in pdf format) at each phase of the design for use by Augusta Georgia on their website. h. The Architect shall provide in-progress design images, at each phase of the design, mounted on presentation boards for display in the Main Lobby of the existing Municipal Building. 4. Construction Documents Phase. a. Upon written authorization from the Owner to proceed, the Architect shall Attachment number 1 Page 25 of 47 Item # 13 26 prepare from the approved Design Development Documents, Working Drawings and Specifications setting forth in detail the requirements for the construction of the entire Project. The Owner will provide the Conditions of the Contract (General and any Supplementary), Advertisement for Bids, Instructions to Bidders, time control specification provisions, and Construction Proposal Forms and Agreement(s) which the Architect shall incorporate into the Construction Documents. b. Construction Documents shall be packaged and be completed in accordance with its schedule. c. Detailed drawings shall cover all work included in the Project or designated portion thereof. It is the responsibility of the Architect to assure that the Project Construction Documents require that no asbestos- containing materials are to be incorporated in the Project. d. A CM at Risk contract for construction is anticipated for the project. e. Specifications shall be prepared using the Construction Specifications Institute division format. Specifications for products, materials and equipment shall be written in full compliance with all relevant laws and building codes. Brand names may be used to specify a particular product to be bid as an equal only in accordance with State law. f. The Architect shall provide a color board with exterior and interior color selection for review, approval and use by the Owner. The approved color board shall be submitted for use by the Owner with the 100% Construction Documents. g. The Architect shall provide the Owner's Representative periodically with copies of in-progress Construction Documents during this phase. Additionally, the Architect shall submit for approval by the Owner a set of preliminary Construction Documents at the stage of 60% completeness along with a written report in an uneditable electronic media. The report shall incorporate the status of the work and a summary of programmed versus actual square footage in a format defined by the Owner by room or area. The documents for this 60% Construction Document submittal shall, at a minimum, satisfy all of the requirements of the Design Development Phase, plus all of the following unless otherwise agreed in writing: i. General 1. Complete index of drawings 2. Vicinity plan 3. Building Code Summary 4. Life safety plans 5. Energy data 6. Accessibility summary 7. U.L. details ii. Civil / Landscaping 1. Copy of the Site Survey 2. Site plan satisfactory for site plan approval Attachment number 1 Page 26 of 47 Item # 13 27 3. Site demolition plan 4. Staking plan 5. Erosion control plan 6. Grading plan 7. Site utility plan 8. Storm drainage plan, details and schedule 9. Paving plans and details 10. Landscaping plans and details, plant schedule iii. Architectural 1. Demolition plans (if required) 2. Key plans with final room numbers as approved by Augusta Georgia 3. Critical sections and details identified and drawn 4. Roof plan with all penetrations 5. Kitchen layout and equipment schedule 6. Exterior elevations with control joints located 7. Enlarged toilet room layout with all fixtures and dimensions 8. Toilet room elevations 9. Reflected ceiling plan with all fixtures located and ceiling height identified 10. Bulkhead and lintel details 11. Finish plan and schedule 12. Door and hardware schedule, elevations, and head and jamb details 13. Masonry details 14. Roof details 15. Stair details 16. Elevator sections and details if applicable 17. Furniture layout 18. Casework elevations iv. Structural 1. Demolition plans (if required) 2. Footing plans and details 3. Reinforcing steel plans 4. Structural steel plans v. Plumbing 1. Demolition plan (if required) 2. Fixture schedule 3. Plumbing plans 4. Enlarged toilet room plans 5. Riser diagrams for waste and vent, water, storm drainage, and gas 6. Plumbing site plan 7. Plumbing details vi. Mechanical 1. Demolition plan (if required) 2. Ductwork and piping completely located and sized 3. Complete equipment schedules 4. Mechanical room enlarged plans and sections 5. Schematic control diagrams 6. Mechanical details Attachment number 1 Page 27 of 47 Item # 13 28 vii. Electrical 1. Demolition plan (if required) 2. Fixture schedule 3. Electrical site plan 4. Power plan with panels located and identified 5. Lighting plan 6. Complete plans for auxiliary systems including but not limited to, fire alarm, voice/data, intercom, Audio/Video, and security 7. Riser diagrams for all systems 8. Panel schedule viii. Fire Protection 1. Demolition plan (if required) 2. Fire protection plan with location of all hose and valve cabinets identified 3. Preliminary fire protection performance based design. ix. Sustainability/LEED 1. Update LEED Score Sheet. 2. Document LEED point items per USGBC requirements. 3. Incorporate LEED requirements in Construction Documents. h. Documents not complying with Subparagraph 4.g. shall be returned to the Architect for correction at no additional charge to the Owner and with no change to the overall Project design schedule. i. After review and approval of the 60% Construction Documents by the Owner, the Architect shall continue with preparation of final Construction Documents and Bid Documents, including final Specifications for all authorized work on the Project and shall incorporate in those final documents the comments and any modifications and changes desired by the Owner and any modifications required for compliance with all applicable codes, regulations, standards, the approved program, and prior written approvals and instructions of the Owner. The resulting final Construction Document submittal is to be a coordinated package, suitable for bidding distribution. j. The Architect shall participate in such reviews and meetings as are necessary for the project to conform to applicable codes and applicable requirements of responsible agencies and will make any changes to the Construction Documents which are required for issuance of all permits and legal authorizations needed to construct the Project. k. The Architect shall provide necessary information for the CM at Risk to submit all relevant applications for all required building permits within a reasonable time to ensure receipt of final comments in time to issue any required addenda to the Bidding Documents. l. At the completion of the construction documents phase, the Architect shall submit to the Owner a set of 100% complete documents prepared by the Architect for final Construction Documents Phase submittal which shall include the final working drawings and specifications in an uneditable electronic media. Attachment number 1 Page 28 of 47 Item # 13 29 m. The Architect shall include as part of his submittal a statement that to the best of his knowledge and belief the documents incorporate the design standards conveyed by the Owner during this phase of design. n. The Architect shall submit with the final Construction Document package, meeting minutes, etc. to show how review comments made in Design Development have been addressed. It should be clear from the notes if the specific item was incorporated into the Construction Document submittal or not (with an explanation). o. The Architect shall provide electronic images (in pdf format) at each phase of the design for use by Augusta Georgia on their website. p. The Architect shall provide in-progress design images, at each phase of the design, mounted on presentation boards for display in the Main Lobby of the existing Municipal Building. 5. Permitting and Bidding/Negotiation Phase. a. After receiving written authorization from the Owner, the Architect shall proceed with the Permitting and Bidding/Negotiation Phase. b. The 2ZQHU¶s Representative shall coordinate the bidding documents distribution. c. The Architect shall provide necessary documents to the CM at Risk to expedite and obtain all necessary permits, licenses and approvals, including paying any associated fees or assessments, required for the construction, use or occupancy of permanent structures or for permanent changes in existing facilities, unless otherwise agreed in writing. The Owner shall reimburse the Architect for the actual cost of any fees or assessments paid by the Architect pursuant to this subparagraph. d. The Architect shall prepare such clarifications and addenda to the bidding documents as may be required. The Architect will provide these to the Owner for review prior to issuance to all holders of bid documents. e. The Owner's Representative will schedule and conduct Pre-Bid Conferences with prospective bidders to review the Project requirements. The Architect shall provide knowledgeable representatives, including representatives of its consultants, to participate in these conferences to explain and clarify Bidding Documents. Within five (5) days after the Pre- Bid Conference the Architect shall deliver to the Owner, if needed, a final Addendum. f. The Architect shall assist the Owner's Representative and the Owner in obtaining bids. g. The Architect shall assist the 2ZQHU¶s Representative reviewing the CM at Risk's bid tabulation and recommendation to the Owner concerning the Contract Award. Attachment number 1 Page 29 of 47 Item # 13 30 h. Should first bidding or negotiation produce prices in excess of the approved CCAP, the Architect shall participate with the Owner's Representative in such re-bidding, re-negotiation, and re-design, at no additional expense to the Owner pursuant to Article 7.3, as may be necessary to obtain price(s) within the approved CCAP or price(s) acceptable to the Owner. The Owner will make decisions to assist in re- design. All re-design must be approved by the Owner. i. Should the Architect re-design or conduct re-bidding under its responsibilities set out in the preceding paragraph, its Construction Phase and Post Construction Phase services shall be extended to take re- design/re-bid delays into account at no additional expense to the Owner. j. The Architect shall assist the Owner's Representative in the preparation of the Agreement(s) between Owner and Contractor(s) for the Owner's execution. The Owner's Representative will coordinate award(s) and Notice(s) to Proceed for the Owner. 6. Construction Phase. a. The Construction Phase for each portion of the Project will commence with the award of the Construction Contract and will terminate when the Owner makes the Final Completion payment to the CM at Risk or at 3 months from the date of substantial completion, whichever comes first. b. The Architect shall consult with the Owner and participate in all decisions as to the acceptability of subcontractors and other persons and organizations proposed by the CM at Risk for various portions of the work. c. 7KH2ZQHU¶V5HSUHVHQWDWLYHVKDOOUHTXLUHWKH&0DW5LVNWRSUHSDUHD submittal schedule stating when the CM at Risk proposes to provide submittals to the Architect. The Architect will review and together with the CM at Risk agree upon a final submittal schedule. The Architect shall review and approve shop drawings, samples, and other submissions of CM at Risk as well as the Work performed by the CM at Risk for conformance with the design concept of the Project and for compliance with the Contract Documents. The Architect shall prepare one final color board for the use of the Owner and one to be kept on the jobsite containing the Owner approved submittal samples. The review and return of submittals shall be based upon the above submittal schedule, and accomplished by the Architect within fourteen (14) calendar days from date of receipt except when otherwise authorized by the Owner's Representative. d. The Architect shall provide necessary Project drawings, in electronic format, to the electrical or dDWDFRQWUDFWRUIRUFUHDWLRQRIGDWD³DVEXLOW´ submittal and approval drawings, and to the CM at Risk for site layout/staking. e. The Owner's Representative will establish with the Architect procedures Attachment number 1 Page 30 of 47 Item # 13 31 to be followed for review and processing of all shop drawings, catalogue submissions, project reports, test reports, maintenance manuals, and other necessary documentation, as well as requests for changes and applications for extensions of time. f. The Architect, without the Owners prior approval, may authorize or direct minor changes in the Work which are consistent with the intent of the Construction Documents and which do not involve a change in Project cost, time for construction, Project scope, aesthetics, visual concepts or approved design elements. Any such minor changes shall be implemented by written field order. Except as provided in this subparagraph, the Architect shall not have authority to direct or authorize FKDQJHVLQWKH:RUNZLWKRXWWKH2ZQHU¶VSULRUZULWWHQDSSURYDOKRZHYHU the Architect shall provide a copy of any written field order to the Owner RU2ZQHU¶V5HSUHVHQWDWLYH g. The Architect shall promptly consult with and advise the Owner concerning, and review, process, and recommend, all change order requests and change orders. h. The Architect shall promptly prepare required drawings, specifications and other supporting data as necessary in connection with minor changes, change order requests and change orders. i. The Architect shall promptly prepare and submit change order proposal requests for the 2ZQHU¶VDSSURYDODQGDFFHSWDQFH7KH$UFKLWHFWVKDOO include the following in any such requests: i. Provide a Description of the Change. ii. Provide an explanation as to why the change is necessary. iii. Provide an explanation as to who requested the change. iv. Provide any and all alternatives that could be done in lieu of the requested change. v. Provide an explanation about what will happen if the change order proposal is not approved. vi. Provide an explanation about the impact of the change on the Project Schedule. vii. Provide a Reason for the Change (ie. Unforeseen Conditions, Owner Requested, Life Safety, Code Requirement, Errors and/or Omissions, or Other (please specify). viii. Each Change Order Request should include the following statement: ³:H KDYH UHYLHZHG WKH &RQWUDFWRU¶V SURposal and we have determined that the cost is fair and reasonable compensation for WKHVFRSHRIZRUNGHVFULEHG´ j. The Architect shall promptly administer and manage all minor changes, change order requests, and change orders on behalf of the Owner. k. Upon request by the Owner, the Architect shall prepare Change Orders in accordance with the Construction Contract Agreement. No change in the Construction Contract, including the price, the work, or the time for completion, may be made without the written consent of the Owner. Attachment number 1 Page 31 of 47 Item # 13 32 l. The Architect shall render to the Owner's Representative, in a timely manner so as to not delay the progress of the work, interpretations of requirements of the Contract Documents. The Architect shall make all interpretations consistent with the intent of and reasonably inferable from the Contract Documents. The Architect's decision in matters relating to artistic effect shall be final if consistent with the intent of the Contract Documents. m. Should errors, omissions or conflicts in the drawings, specifications or other Contract Documents by the Architect be discovered, the Architect will prepare and submit to the Owner's Representative, in a timely manner so as to not delay the progress of the work, such amendments or supplementary documents and provide consultation as may be required, for which the Architect shall make no additional charges to the Owner. n. The Owner's Representative shall be the point of contact for the Owner, except when the Owner shall direct otherwise. All instructions to the Contractor(s) shall be issued by the Architect except when it is directed otherwise by the Owner's Representative. o. The Architect will have access to the Work at all times. All site visits, observations and other activities by the Architect shall be coordinated with the Owner's Representative and written report of such visits made promptly to the Owner's Representative. p. The Architect and its consultants (including, but not limited to, the civil, structural, mechanical and electrical disciplines) shall make such periodic visits to the Project site as may be necessary to familiarize themselves generally with the progress and quality of the Work and to determine in general if the Work is proceeding in accordance with the Contract Documents. If the Architect observes any work that does not conform to the Contract Documents, the Architect shall immediately make an oral and written report of all such observations to the Owner's Representative. The Architect and its consultants shall not be required to make exhaustive or full-time on-site observations to check the quality or quantity of the Work, but shall make as many observations as may be reasonably required to fulfil their obligations to the Owner. The Architect shall not be responsible for construction means, methods, techniques, sequences or procedures, or safety precautions and programs in connection with the Work. q. Periodic visits of the Architect shall be not less than bi-monthly. Each applicable engineering discipline DV UHTXLUHG E\ WKH 2ZQHU¶s Representative, shall make periodic visits, during the course of work applicable to its discipline. During critical work phases, each engineering discipline may be required to make periodic visits bi-monthly. The engineering disciplines shall prepare and submit a report on each visit, submitted via the Architect to the Owner's Representative within five (5) working days of the visit. Attachment number 1 Page 32 of 47 Item # 13 33 r. The Architect shall render written field reports relating to the periodic visits and observations of the Project within five (5) working days to the Owner's Representative in the form required by the Owner's Representative. s. The Architect shall attend Bi-Monthly construction progress meetings attended by the Owner's Representative and representatives of the Contractor. The Architect shall render written field reports during the construction administration phase, within five (5) working days to all participants in a format acceptable to the Owner's Representative. t. Based upon observations at the site and upon the Contractor's applications for payment, the Architect shall determine the amount owing to the Contractor(s), pursuant to the terms of the Owner/Contractor Agreement, and shall issue Certificates for Payment to the Owner in such amounts. The Architect's signing of a Certificate of Payment shall constitute a representation by the Architect to the Owner, based upon the Architect's observations at the site and the data comprising the Application for Payment, that the Work has progressed to the point indicated, that to the best of the Architect's knowledge, information and belief, the quality of the Work appears to be in accordance with the Contract Documents (subject to: an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion; the results of any subsequent tests required by the Contract Documents; minor deviations from the Contract Documents correctable prior to completion; and to any specific qualifications stated in the Certificate for Payment), and that the Contractor is entitled to payment in the amount certified. By signing a Certificate for Payment to the Owner, the Architect shall not be deemed to represent that it has made any examination to ascertain how and for what purpose the Contractor has used the monies paid on account of the Construction Contract Sum. u. If, in accordance with its duty, the Architect advises the Owner's Representative of non-conforming work as stated in subparagraph 6.p., the Architect shall confirm the non-conformance in writing to the Owner's Representative in a timely manner so as to not delay the progress of the work. v. The Architect and the Owner's Representative jointly shall have authority but not the duty to condemn or reject Work on behalf of the Owner when in the Owner's Representative's or the Architect's opinion the Work does not generally conform to the Contract Documents. Whenever in the Owner's Representative's or the Architect's reasonable opinion it is considered necessary or advisable to insure the proper implementation of the intent of the Contract Documents, the Owner's Representative shall have the authority to require special inspection or testing of any Work in accordance with the provisions of the Contract Documents whether or not such Work is fabricated, installed or completed. Neither this authority, nor the decision to exercise or not exercise such authority shall give rise to a duty or responsibility of the Architect for site safety, construction means, methods or techniques, create an express or implied duty or responsibility Attachment number 1 Page 33 of 47 Item # 13 34 tRWKH&0DW5LVN6XEFRQWUDFWRU¶VRUPDWHULDODQGHTXLSPHQWVXSSOLHUV w. The CM at Risk shall obtain governing agency occupancy approval if any exceptions arise related to the design or specified materials. 7. Final Completion Of Design Services Phase. a. When the CM at Risk notifies the Architect that the Work is substantially complete DQG SURYLGHV WKH $UFKLWHFW ZLWK WKH &0¶V SXQFK-list, the Architect and its consultants shall review the Work and prepare and submit to the Owner's Representative punch lists of the Work of the Contractor(s) which is not in conformance with the Contract Documents. The Architect shall transmit such punch lists to the Contractor(s). The Owner may request that the Architect review and prepare a punch list on any portion of the Work. b. The Architect shall be available to address CM questions in the original operation of any equipment or system such as initial start-up, testing, adjusting and balancing. c. The Architect and/or its consultants shall observe, review test data, and certify the original operation of any equipment or system such as initial start-up testing, adjusting and balancing to make sure that all equipment and systems are properly installed and functioning in accordance with the design and specifications. d. The Architect shall review and approve the Contractor-furnished maintenance and operating instructions, schedules, guarantees/warranties, bonds, and certificates of inspection as required by the Construction Documents and forward all approved copies to the Owner's Representative for use by the Owner. e. The Architect and its consultants shall conduct at least two (2) comprehensive Final Completion inspections per construction contract at the request of the Owner. If more than one (1) Final Completion inspection is required, through no fault of the Architect, the additional inspection may be deemed additional services. f. The CM at Risk shall provide the Architect drawings, prints, and other data necessary for the accurate preparation of the record drawings. g. Upon correction of the deficiency reports (punch lists), and acceptance of all other close-out submittals and certificates of the Contractor, the Owner's Representative and the Architect shall review and approve the Application for Final Payment and forward it to the Owner for execution. h. The Architect shall prepare a set of reproducible sealed mylar record drawings and digital files, in .DWG format on CD ROM, showing significant changes in the Work made during the construction process, based on marked-up contract drawings, prints, and other data furnished by the Contractor(s) and the applicable Addenda, Clarifications, and Attachment number 1 Page 34 of 47 Item # 13 35 Change Orders which occurred during the Project. 8. Architect's Professional Responsibility and Standard of Care. a. By execution of this Agreement, the Architect represents that (a) it is an experienced and duly licensed firm or individual having the ability and skill necessary to perform the Services required of it under this Agreement in connection with the design and construction of a project having the scope and complexity of the Project contemplated herein; (b) it has the capabilities and resources necessary to perform its obligations hereunder; and (c) will become familiar with current laws, rules and regulations which are applicable to the design and construction of the Project (such laws, rules and regulations including, but not limited to, local ordinances, requirements of building codes of city, county, state and federal authorities which are applicable to the Project, local sanitary laws and rules and regulations, and orders and interpretations by governing public authorities of such ordinances, requirements, codes, laws, rules and regulations in effect at the time of commencement of services on the Project), and that drawings, specifications and other documents prepared by the Architect shall be prepared to meet, reflect and incorporate such laws, rules and regulations. b. The Architect hereby represents and agrees that the drawings, specifications and other documents prepared by it pursuant to this Agreement shall be adequate for their intended use, except as to any deficiencies which are due to causes beyond the control of the Architect, and that the Project, if constructed in accordance with the drawings, specifications and other documents, shall be structurally sound and a complete and properly functioning facility in accordance with the terms of this Agreement. Any suggestions, recommendations or review comments E\WKH2ZQHUVKDOOQRWUHGXFHRUGLPLQLVKWKH$UFKLWHFW¶VUHVSRQVLELOLWLHV pursuant to this Agreement. c. The Architect shall be responsible for any errors, inconsistencies or omissions in the drawings, specifications, and other documents. The Architect will correct at no additional cost to the Owner any and all errors and omissions in the drawings, specifications and other documents prepared by the Architect. The Architect further agrees, at no additional cost, to take the lead and render assistance to the Owner in resolving problems relating to the design or specified materials. d. It is the responsibility of the Architect to make certain that, at the time the project is bid, all drawings, specifications and other documents are in accordance with applicable laws, statutes, building codes and regulations and that appropriate reviews and approvals are requested and obtained from federal, state and local governments. e. It shall be the responsibility of the Architect throughout the period of performance under this Agreement to exercise the abilities, skills and care customarily used by Architects of the training and background needed to perform the services required under this Agreement who Attachment number 1 Page 35 of 47 Item # 13 36 practice in the Augusta, Georgia area or similar communities. 9. Project Requirements. a. The Architect shall review the Owner provided cost estimates and provide input to the Owner with regards to the design and estimate as to his belief to the best of his knowledge and belief that the project cost is within the CCAP. b. With each Design Phase submittal and each interim, revisionary or subsequent design submittal of the Architect to the Owner, the Architect shall make the following statement in writing: "The drawings, specifications, and other documents submitted herewith, to the best of our knowledge, information and belief, fulfill the Program of Requirements and the work indicated by them may be purchased by the Owner in a construction contract or contracts, the total price of which (CCAP) will not exceed the CCAP and may be constructed, and the above mentioned documents submitted herewith have been prepared in accordance with the Professional Architectural Services Agreement." c. With each Design Phase submittal and each interim, revisionary or subsequent design submittal of the Architect to the Owner and with his certification of the Final Payment to the contractor, the Architect shall make the following statement in writing: "No asbestos-containing building materials have been specified and to the best of my/our knowledge and belief none have been incorporated into this Project." d. Incorporated herein and made a part of this Agreement by reference as Exhibit B is the Program of Requirements which defines the physical and environmental parameters for the Project and establishes the design objectives and criteria. No deviations from the Program of Requirements shall be allowed without written approval for change, in the form of a Design Phase Change Order executed by the Owner and Architect. e. Incorporated herein and made a part of this Agreement by reference as Exhibit C the Schedule for the Project which defines the sequence and timing of the design and construction activities. No deviation from the Schedule shall be allowed without written approval for a change in the Schedule, in the form of a Design Phase Change Order executed by the Owner and Architect. Should the Owner determine that the Architect is behind schedule; the Architect shall expedite and accelerate its efforts, including additional manpower and/or overtime, to maintain the approved design schedule at no additional cost to the Owner. 10. Project Conferences. a. Throughout all phases of the Project, the Architect and its consultants shall meet periodically with the Owner when reasonably requested. Participants shall be as agreed with the Owner. Such meetings shall include: Attachment number 1 Page 36 of 47 Item # 13 37 i. Architect Orientation. 1. Pre-design conferences. 2. Pre-design Project Analysis Sessions. 3. Design conferences. 4. Public Presentations ± The Architect shall prepare for and participate in up to six (6) public presentations to the County Commission, at public information meetings, and/or the Owners designated liaison team. 5. Pre-bid conference for the bid package. 6. Preconstruction conference for the bid package. 7. Construction progress meetings. 8. Substantial Completion, Final Completion and completion of warranty period inspections for the construction contract. b. The Architect shall be responsible for scheduling and attending any meetings necessary to properly coordinate the design effort including, without limitation, meetings with governing agencies, code officials and applicable utilities. c. The Architect shall be responsible for preparing accurate and complete minutes of Project Design conferences and distributing same to all participants. The Architect shall prepare and distribute meeting minutes within five (5) working days after each meeting. 11. Not Used. 12. Construction Warranty. a. The Architect and its consultants shall assist the Owner in resolution of warranty issues as may be required to determine responsibility for deficiencies. b. The Architect and its consultants shall conduct an inspection of the project one (1) month prior to any warranty expiration and provide to the Owner a written report specifying any warranty deficiencies which may exist. 13. General Requirements a. The Owner will interview the design and management staff that will be assigned to this project. b. 7KH2ZQHUZLOOUHYLHZWKH$UFKLWHFW¶V&RQVXOWDQWVEHLQJFRQVLGHUHGIRU this project prior to their assignment. Interior Design, Traffic/Parking, Civil Engineer/Landscape, Acoustical/Audio Visual, Food Service, Exterior and Public Lighting, Telecommunications, Graphics/Signage, Security, Structural, Electrical, Plumbing, Fire Protection, and Mechanical costs are LQFOXGHG LQ WKH $UFKLWHFW¶V IHH The results of the Conceptual Study Period may alter this listing of consultants. c. The Architect is to provide the Owner with all final drawings on computer disk. AutoCAD version 2005 or later is preferred, or scanned onto magnetic media that can be accessed by AutoCAD 2005. Attachment number 1 Page 37 of 47 Item # 13 38 d. The Architect is to provide the Owner with 11" X 17" prints of the final site plan/grading plan, staking plan, and overall floor plan. e. The Architect is to file and review all plans with the applicable Building Department, Development Department, Augusta Georgia Inspections Divisions, and Fire Marshal, and incorporate all review comments on the plans prior to sending the plans out for bid. f. Periodic field visitations are to be made by all of the $UFKLWHFW¶V Consultants retained for this project during construction to observe the implementation of their specific discipline. The Architect shall prepare and distribute written reports from these visits within two (2) working days after each visit. g. Final punch lists are to be made by each of the $UFKLWHFW¶V&onsultants, as well as the Architect. The Architect shall prepare and distribute written reports within five (5) working days after each inspection. h. The maximum drawing sheet size is to be 30" X 45". 14. Leadership in Energy and Environmental Design (LEED): a. The design and construction of this Project shall integrate building materials and methods that promote environmental quality, economic vitality, and social benefit through the construction and operation of the built environment. The Project goal shall be to meet at a minimum the /(('ŒFHUWLILHGUDWLQJ /(('Œ&HUWLILHGIRUEXLOGLQJVWKDWHDUQEHWZHHQ 26 and 32 of the available points). The intent of the project is to create an environment of a high level of operational efficiency, as well as comfort and support for building tenants and visitors. b. The Architect shall define and develop design requirements for the project that include sustainable planning and design concepts, as defined by the 86*UHHQ%XLOGLQJ&RXQFLO¶V/(('3URJUDPFRYHULQJLWHPVVXFKDV i. Building design analysis and building performance as it relates to energy use, sustainability concepts, and productivity of the interior environment; ii. Energy use effectiveness including natural convection in HVAC, natural lighting and water use / recycling / integration; iii. Development of integrated systems for environmentally responsible architecture. c. The Architect shall develop all necessary documentation for the level of certification sought by the Owner and shall assist with submission to the U.S. Green Building Council. It is understood, however, that LEED certification is a subjective interpretation that depends, in addition to the design elements, on the intended use of the project. Accordingly, the Architect cannot guarantee that the project will achieve a particular LEED FHUWLILFDWLRQDVFHUWDLQUHOHYDQWFULWHULDDUHEH\RQGWKH$UFKLWHFW¶VDELOLW\ to control. Attachment number 1 Page 38 of 47 Item # 13 39 d. The LEED-NC Version 2.2 is applicable to this project. e. The Owner shall provide LEED commissioning services for LEED certification. Attachment number 1 Page 39 of 47 Item # 13 40 Exhibit B Program of Requirements See Attachment which includes as its origin the revised January 15, 2008 Augusta Trade, Exhibit and Event Center Building Program. Program shall be specifically determined through the Conceptual Study Period. Attachment number 1 Page 40 of 47 Item # 13 41 Exhibit C Schedule The Architect agrees to the following schedule for the design of the project. The schedule anticipates the following milestone dates: Milestone Dates Activity Due Date Notice to Proceed October 1, 2008 Conceptual Study Period October 30, 2008 LEED Workshop/Program Verification November 3, 2008 Design Narrative and Final Design Schedule November 20, 2008 Schematic Design Phase ± Notice to Proceed CM at Risk Notice to Proceed December 3, 2008 December 3, 2008 Schematic Design Phase ± Submittal January 19, 2009 Design Development Phase ± Notice to Proceed February 2, 2009 Design Development Phase ± Submittal March 23, 2009 60% Construction Document Phase ± Notice to Proceed April 6, 2009 60% Construction Document Phase ± Submittal May 25, 2009 100% Construction Document Phase ± Notice to Proceed June 15, 2009 100% Construction Document Phase ± Submittal Site Development Package Deep Foundation Package Structural Foundation and Framing Package Building Package(s) Coordinated Dates with CM at Risk Permit Drawing Submittal Coordinated with CM Contractor Proposals Due Coordinated with CM Substantial Completion January 2011 Attachment number 1 Page 41 of 47 Item # 13 Attachment number 1 Page 42 of 47 Item # 13 43 non-admitted basis are exempt from this requirement provided that the FRQWUDFWRU¶VEURNHUDJHQWFan provide financial data to establish that a market is HTXDOWRRUH[FHHGVWKHILQDQFLDOVWUHQJWKVDVVRFLDWHGZLWKWKH$0%HVW¶VUDWLQJ of A-6 or better. 7. Insurance Company must be licensed to do business by the Georgia Department of Insurance. * See above note regarding Professional Liability 8. Certificates of Insurance, and any subsequent renewals, must reference specific bid/contract by project name and project/bid number. 9. The Architect shall agree to provide complete certified copies of current insurance policy(ies) if requested by the Owner to verify the compliance with these insurance requirements. 10. All insurance coverages required to be provided by the Architect will be primary over any insurance program carried by the Owner. 11. Except for Professional Liability Insurance coverages, Architect shall incorporate a copy of the insurance requirements as herein provided in each and every Consultant with each and every Subconsultant in any tier, and shall require each and every Consultant and Subconsultant of any tier to comply with all such requirements. Architect agrees that if for any reason Consultant and Subconsultant fails to procure and maintain insurance as required, all such required insurance shall be procured and maintained by the Architect at the Architect¶VH[SHQVH 12. 7KH$UFKLWHFWDQGWKHLU&RQVXOWDQW¶VDQG6XEFRQVXOWDQW¶Vshall not commence any work of any kind under this Contract until all insurance requirements contained in this Contract have been complied with and until evidence of such compliance satisfactory to Owner as to form and content has been filed with the city. The Accord Certificate of Insurance or a pre-approved substitute is the required form in all cases where reference is made to a Certificate of Insurance or an approved substitute. 13. The Architect and Owner shall agree to waive all rights of subrogation against the other as well as, its officers, officials, employees, 2ZQHU¶V5HSUHVHQWDWLYHVand volunteers from losses arising from work performed by the Architect. 14. The Architect shall make available to the Owner, through its records or records of their Insurer, information regarding a specific claim SHUWLQHQWWRWKH$UFKLWHFW¶V work for the Owner). Any loss run information available from the Architect or their insurer will be made available to the Owner upon their request. 15. Compliance by the Architect and WKHLU&RQVXOWDQW¶VDQG6XEFRQVXOWDQW¶V with the foregoing requirements as to carrying insurance shall not relieve the Architect DQG WKHLU &RQVXOWDQW¶V DQG 6XEFRQVXOWDQW¶V of their liability provisions of the Contract. 16. The $UFKLWHFWDQGWKHLU&RQVXOWDQW¶VDQG6XEFRQVXOWDQW¶V are to comply with the Occupational Safety and Health Act of 1970, Public Law 91-956, and any other Attachment number 1 Page 43 of 47 Item # 13 44 laws that may apply to this Contract. 17. The Architect shall at a minimum apply risk management practices accepted by WKH$UFKLWHFW¶V industry. 18. Evidence of such insurance shall be furnished to the Owner, and the Owner shall receive thirty (30) days prior written notice of any cancellation, non-renewal or reduction of coverage of any of the policies. Upon notice of such cancellation, non-renewal or reduction, the Architect shall procure substitute insurance so as to assure the Owner that the minimum limits of coverage are maintained continuously throughout the period of this Agreement. 19. The Architect shall deliver to the Owner a Certificate of Insurance for its Professional Liability coverage annually, so long as it is required to maintain such coverage under Article 11.4. 20. The Architect shall maintain in force during the performance of this contract and for six (6) years after final completion of the Project, the Professional Liability insurance coverage referenced above, so long as such insurance is commercially available and reasonably affordable. 21. The Architect shall maintain in force during the performance of this contract and for three (3) years after final completion of the Project, the Comprehensive Commercial General Liability Insurance and the Automobile Liability Insurance. 22. The Owner shall be under no obligation to review any Certificates of Insurance provided by the Architect or to check or verify the Architect's compliance with any or all requirements regarding insurance imposed by the Contract Documents. The Architect is fully liable for the amounts and types of insurance required herein and is not excused should any policy or Certificate of Insurance provided by the Architect not comply with any or all requirements regarding insurance imposed by the Contract Documents. 23. Should the Architect fail to provide and maintain in force any insurance or insurance coverage required by the contract documents or by law, or should a dispute arise between owner and any insurance company of the Architect over policy coverage or Limits of Liability as required herein, the Owner shall be entitled to recover from the Architect all amounts payable, as a matter of law, to Owner, had the required insurance or insurance coverage been in force. Nothing herein shall limit any damages for which the Architect is responsible as a matter of law. 24. The Architect shall deliver to the Owner two (2) original certificates of insurance, VLJQHG E\ WKH ,QVXUHU¶V $XWKRUL]HG 5HSUHVHQWDWLYH ZLWKWKH 3ROLF\ 1XPEHUV clearly identified on the certificates for each Policy. The Policy effective dates should be on or before the date that the contract was signed. Attachment number 1 Page 44 of 47 Item # 13 45 Exhibit E Asbestos ± Statement of Declaration ASBESTOS STATEMENT OF DECLARATION Facility This statement is to certify that I have not to the best of my knowledge, information, and belief, specified any asbestos containing materials and/or products in the preparation and/or the construction of the referenced structure. Furthermore, I certify to the best of my knowledge, no asbestos containing materials have been used in the construction of the structure or facility. RESPONSIBLE PARTIES: __________________________________________ Architect Signature Date ___________________________________________ Owner Signature Date Attachment number 1 Page 45 of 47 Item # 13 46 Exhibit F Non Collusion Affidavit NON COLLUSION AFFIDAVIT Project: Augusta Trade, Exhibit and Event Center Project #: TEE-1 Services Provided: Professional Architectural Services State of: Georgia County of: I, ______________________________being first duly sworn, deposes and says that he/she is ______________________________of the party making the foregoing Proposal or Bid; that such Proposal or Bid is genuine and not collusive or sham; that said Proposer or Bidder has not colluded, conspired, connived, or agreed, directly or indirectly, with any Proposer or Bidder or person, to put in a sham Proposal or Bid, or that such other person refrain from proposing or bidding, and has not in any manner, directly or indirectly sought by agreement or collusion, or communication or conference, with any person, to fix the Proposal Fee or Bid Price of affiant or any other Proposer or Bidder, or to fix any overhead, profit or cost element of said Proposal Fee or Bid Price, or of that of any other Proposer or Bidder, or to secure any advantage against Augusta Georgia, or any person interested in the proposed Contract; and that all statements in said Proposal or Bid are true; and further, that such Proposer or Bidder has not directly or indirectly submitted this Proposal or Bid, or the contents thereof, or divulged information or data relative thereto to any association or to any member or agent thereof. This __________ day of _____________, 20____. _________________________________ Signature __________________________________ Title __________________________________ Firm Personally before me, the undersigned authority appeared who is known to me to be an official of the firm stated above and after being duly sworn, stated on his or her oath that he or she had read the above statement and that the same is true and correct ___________________________________ Notary Public My Commission Expires (Seal) Attachment number 1 Page 46 of 47 Item # 13 47 Exhibit G Construction Contract Attachment number 1 Page 47 of 47 Item # 13 TEE Center Architect¶s FEE Scenarios, with Various Total Project Funding Limits. Total Project Budget Construction Budget $UFKLWHFW¶VFee Percentage Architect¶V Fee $20,000,000 $15,000,000 8.9% $1,339,500 $25,000,000 $18,750,000 8.67% $1,625,719 $30,000,000 $22,500,000 8.42% $1,894,500 $40,000,000 $29,900,000 7.9% $2,370,000 Attachment number 2 Page 1 of 1 Item # 13 Engineering Services Committee Meeting 9/29/2008 1:30 PM Naming of new Administration and Filter Building at the Highland Ave. Department:Utilities Caption:Authorize Augusta Utilities Department to name the new administration and filter building at the Highland Ave. Water Treatment Plant in honor of Alfred T. Griffin, Sr. Background:The Augusta Utilities Department is well on the way to completing of portions of the construction at the Highland Ave. Water Treatment Plant. The completion of this Project will be a milestone in the infrastructure improvements for the citizens of Augusta. Analysis:Augusta will be commissioning portions of the Highland Ave. Water Treatment Plant in the summer of 2009. AUD would like to recognize the commitment and dedication of one of its long time employee’s, Mr. Alfred Tyrone Griffin, Sr. Alfred served as Superintendent at the Highland Ave Plant until his death in November 2007. The action of naming a building at the Highland Ave. complex for a past employee is not a new one; the first filter building is currently named for a past superintendent, Mr. Grover Cushman Financial Impact:No funds are required with the approval of this agenda item. Alternatives:No alternatives are recommended. Recommendation:We recommend the Commission authorize the naming of the new administration and filter building at the Highland Ave. Water Treatment Plant in honor of Alfred T. Griffin, Sr. Funds are Available in the Following Accounts: No funds are required with this agenda item. REVIEWED AND APPROVED BY: Finance. Procurement. Administrator. Clerk of Commission Cover Memo Item # 14 Engineering Services Committee Meeting 9/29/2008 1:30 PM Southampton Section 4-A Department:Engineering-Abie L. Ladson, P.E., Director Caption:Approve the deeds of dedication, maintenance agreements, and road resolutions submitted by the Engineering and Augusta Utilities Departments for Southampton Section 4-A. Background:The final plat was approved by the Commission on September 18, 2007 . The subdivision design and plat, including the storm drain system, have been reviewed and accepted by our engineering staff and the construction has been reviewed by our inspectors. The Utilities Department has inspected and reviewed the water and sanitary sewer installations, and hereby requests acceptance of the utility deed and maintenance agreement of same. Analysis:This section meets all codes, ordinances and standards. Portions of this subdivision lie within the jurisdiction boundaries of the Corps of Engineers wetlands, which are noted on the final plat. Acceptance of said utility deed shall dedicate, as required, the water and sanitary sewer mains along with the applicable easements to Augusta, Georgia, for operation and maintenance. Financial Impact:By accepting these roads, water and sanitary sewer installations into the County system and after the 18-month maintenance warranty by the developer/contractor has expired, all future maintenance and associated costs will be borne by Augusta, Georgia. By acceptance of the utility deed and maintenance agreement, positive revenue will be generated from the sale of water and sanitary sewer taps and monthly billing of same. Alternatives:1. Approve the deeds of dedication, maintenance agreements, and road resolutions submitted by the Engineering, and Augusta Utilities Departments for Southampton, Section Four-A. 2. Do not approve and risk litigation. Recommendation:Approve Alternative Number One. Funds are Available in the Following Accounts: Not required at this time. REVIEWED AND APPROVED BY: Cover Memo Item # 15 Administrator. Clerk of Commission Cover Memo Item # 15 Attachment number 1 Page 1 of 1 Item # 15 Attachment number 2 Page 1 of 2 Item # 15 Attachment number 2 Page 2 of 2 Item # 15 Attachment number 3 Page 1 of 2 Item # 15 Attachment number 3 Page 2 of 2 Item # 15 Attachment number 4 Page 1 of 2 Item # 15 Attachment number 4 Page 2 of 2 Item # 15 Attachment number 5 Page 1 of 4 Item # 15 Attachment number 5 Page 2 of 4 Item # 15 Attachment number 5 Page 3 of 4 Item # 15 Attachment number 5 Page 4 of 4 Item # 15 Attachment number 6 Page 1 of 2 Item # 15 Attachment number 6 Page 2 of 2 Item # 15 Attachment number 7 Page 1 of 1 Item # 15 Engineering Services Committee Meeting 9/29/2008 1:30 PM Southampton Section Four-B and Five Department:Engineering-Abie L. Ladson, P.E., Director Caption:Approve the deeds of dedication, maintenance agreements, and road resolutions submitted by the Engineering and Augusta Utilities Departments for Southampton Section Four-B and Section Five. Background:The final plat was approved by the Commission on May 20, 2008 . The subdivision design and plat, including the storm drain system, have been reviewed and accepted by our engineering staff and the construction has been reviewed by our inspectors. The Utilities Department has inspected and reviewed the water and sanitary sewer installations, and hereby requests acceptance of the utility deed and maintenance agreement of same. Analysis:This section meets all codes, ordinances and standards. Portions of this subdivision lie within the jurisdiction boundaries of the Corps of Engineers wetlands, which are noted on the final plat. Acceptance of said utility deed shall dedicate, as required, the water and sanitary sewer mains along with the applicable easements to Augusta, Georgia, for operation and maintenance. Financial Impact:By accepting these roads, water and sanitary sewer installations into the County system and after the 18-month maintenance warranty by the developer/contractor has expired, all future maintenance and associated costs will be borne by Augusta, Georgia. By acceptance of the utility deed and maintenance agreement, positive revenue will be generated from the sale of water and sanitary sewer taps and monthly billing of same. Alternatives:1. Approve the deeds of dedication, maintenance agreements, and road resolutions submitted by the Engineering, and Augusta Utilities Departments for Southampton, Section Four-B and Section Five 2. Do not approve and risk litigation. Recommendation:Approve Alternative Number One. Funds are Available in the Following Accounts: Not required at this time. REVIEWED AND APPROVED BY: Cover Memo Item # 16 Administrator. Clerk of Commission Cover Memo Item # 16 Attachment number 1 Page 1 of 1 Item # 16 Attachment number 2 Page 1 of 1 Item # 16 Attachment number 3 Page 1 of 2 Item # 16 Attachment number 3 Page 2 of 2 Item # 16 Attachment number 4 Page 1 of 2 Item # 16 Attachment number 4 Page 2 of 2 Item # 16 Attachment number 5 Page 1 of 2 Item # 16 Attachment number 5 Page 2 of 2 Item # 16 Attachment number 6 Page 1 of 4 Item # 16 Attachment number 6 Page 2 of 4 Item # 16 Attachment number 6 Page 3 of 4 Item # 16 Attachment number 6 Page 4 of 4 Item # 16 Attachment number 7 Page 1 of 2 Item # 16 Attachment number 7 Page 2 of 2 Item # 16 Engineering Services Committee Meeting 9/29/2008 1:30 PM Southampton Section One Department:Engineering-Abie L. Ladson, P.E., Director Caption:Approve the deeds of dedication, maintenance agreements, and road resolutions submitted by the Engineering and Augusta Utilities Departments for Southampton Section One. Background:The final plat was approved by the Commission on September 18, 2007 . The subdivision design and plat, including the storm drain system, have been reviewed and accepted by our engineering staff and the construction has been reviewed by our inspectors. The Utilities Department has inspected and reviewed the water and sanitary sewer installations, and hereby requests acceptance of the utility deed and maintenance agreement of same. Analysis:This section meets all codes, ordinances and standards. Portions of this subdivision lie within the jurisdiction boundaries of the Corps of Engineers wetlands, which are noted on the final plat. Acceptance of said utility deed shall dedicate, as required, the water and sanitary sewer mains along with the applicable easements to Augusta, Georgia, for operation and maintenance. Financial Impact:By accepting these roads, water and sanitary sewer installations into the County system and after the 18-month maintenance warranty by the developer/contractor has expired, all future maintenance and associated costs will be borne by Augusta, Georgia. By acceptance of the utility deed and maintenance agreement, positive revenue will be generated from the sale of water and sanitary sewer taps and monthly billing of same. Alternatives:1. Approve the deeds of dedication, maintenance agreements, and road resolutions submitted by the Engineering, and Augusta Utilities Departments for Southampton, Section One. 2. Do not approve and risk litigation. Recommendation:Approve Alternative Number One. Funds are Available in the Following Accounts: Not required at this time. REVIEWED AND APPROVED BY: Cover Memo Item # 17 Administrator. Clerk of Commission Cover Memo Item # 17 Attachment number 1 Page 1 of 1 Item # 17 Attachment number 2 Page 1 of 2 Item # 17 Attachment number 2 Page 2 of 2 Item # 17 Attachment number 3 Page 1 of 2 Item # 17 Attachment number 3 Page 2 of 2 Item # 17 Attachment number 4 Page 1 of 3 Item # 17 Attachment number 4 Page 2 of 3 Item # 17 Attachment number 4 Page 3 of 3 Item # 17 Attachment number 5 Page 1 of 4 Item # 17 Attachment number 5 Page 2 of 4 Item # 17 Attachment number 5 Page 3 of 4 Item # 17 Attachment number 5 Page 4 of 4 Item # 17 Attachment number 6 Page 1 of 2 Item # 17 Attachment number 6 Page 2 of 2 Item # 17 Attachment number 7 Page 1 of 1 Item # 17 Engineering Services Committee Meeting 9/29/2008 1:30 PM Utilities Warehouse Inventory Bar Code Scanning Implementation Department:Utilities, Clifford A. Goins, Interim Director Caption:Approve purchase of hardware and implementation of Utilities Warehouse Inventory Bar Code Scanning Software. Background:For the past several years, Utilities has budgeted to convert the supplies warehouse to a bar code scanning system. The project has been delayed to coincide with the moving of the warehouse, which should take place sometime early next year. The timing will give AUD some time to become familiar with the new technology while reorganizing the warehouse and preparing for bar code scanning. Analysis:AUD has been planning to implement bar code scanning for its supplies warehouse for several years. The purpose of the bar code scanning system is to be able to automatically adjust inventory quantities and warehouse transfers, accurately receive inventory and easily transfer physical inventory counts to the software at year-end with fewer human errors. Eventually, AUD hopes to be able to streamline the work order system to allow for field workers to scan bar codes from a parts book to record use of parts. This will speed up processing of work orders and more accurately record usage of inventory in the field, which will make year-end perpetual inventory more accurate for accounting purposes and job costing at year-end. AUD and the IT department have discussed bar code scanning with the vendor for the software that accounts for the inventory of warehouse supplies, GBA Master Series, and have come to the conclusion that the product they offer will work for the purpose AUD intends it, and will be the most cost efficient. The IT department concurs that this product should be purchased sole source from GBA Master Series for the reasons on the attached document. Financial Impact:The cost of this phase of the project is estimated not to exceed $25,000, approximately $17,000 for software and training, and approximately $8,000 for hardware. The funds are budgeted and available in account 506-04-3110- 5424510. Alternatives:Do not approve the agenda item and continue with manual recording of all inventory transactions. This will cause for inefficiencies and inaccuracies in inventory accounting and job costing. Recommendation:Approve purchase of hardware and implementation of Utilities warehouse inventory bar code Scanning software. Funds are Available in Cover Memo Item # 18 the Following Accounts:Funds available in account 506-04-3110-5424510 REVIEWED AND APPROVED BY: Procurement. Information Technology. Finance. Administrator. Clerk of Commission Cover Memo Item # 18 GBA Master Series, Inc. Page 1 of 2 Bar Coding Implementation – 8/13/08 Scope of Work gbaMS Bar Code Implementation The City of Augusta has contracted with gbaMS to perform implementation of the gbaMS Bar Code software. This solution is described in detail below. The bar coding software allows you to manage warehouse operations from the field. It has been designed to provide four main functions: • Adjust Quantities • Warehouse Transfers • Stock Counts • Receive Inventory It has been designed specifically for use with a PDA or other handheld device with a Socket brand bar code scanner and works in a disconnected environment. This module functions in the following manner: 1. The PDA creates a Comma Delimited File called BarCodeData.txt. This text files contains all the transactions performed while in the field. 2. The file is uploaded to a server or workstation when the PDA device is connected to the network (host workstation). 3. The file is then imported into the Review and Post module of the GBA Warehouse module. 4. The user then validates the records in Review and Post process. This allows for a QA/QC process to be performed on the data. 5. Finally, the validated records are transferred to the Inventory module in the live database. Hardware Purchase, Installation and Training The City will be required to purchase all necessary bar code equipment , PDA device running Windows Mobile and a scanner (Socket brand being the preferred brand although the solution should work with any standard bar code reader). gbaMS will be responsible for installing the software and testing the units prior to training. The City will ship one unit to gbaMS for testing within the gbaMS controlled environment. After successful testing, gbaMS and the City will coordinate a three (3) days onsite workshop to install, configure and training on the bar code process. The cost associated with the software and training for this scope of work is provided in the following tables. Attachment number 1 Page 1 of 2 Item # 18 GBA Master Series, Inc. Page 2 of 2 Bar Coding Implementation – 8/13/08 Product Unit Costs No. of Seats Cost GBA Barcode Integration Software $1,500 each 6 $9,000 Subtotal $9,000 Annual Support & Maint. Package (20% of license fee) $1,800 Total1 $10,800 Training2 Unit Cost Days Cost Onsite Training $1,500 per day 3.0 $4,500 Subtotal of Training Fees1 $4,500 Estimated Direct Expenses1 Unit Cost Trips/Days Cost Air Travel $450 per trip 1 $450 Onsite Expenses $250 per day 3 $750 Subtotal of Estimated Directs $1,200 Services Unit Cost Cost Project Management3 Lump Sum $675 $675 Services Subtotal $675 License Fee Total $9,000 Annual Support/Maintenance Fee Total $1,800 Training $4,500 Estimated Directs $1,200 Services $675 Total Initial Cost1 $17,175 Attachment number 1 Page 2 of 2 Item # 18 Attachment number 2 Page 1 of 2 Item # 18 Attachment number 2 Page 2 of 2 Item # 18 Augusta Utilities Bar Code Scanning System Total Cost Cost from GBA Scope of Work 17,175.00$ Estimated Hardware Costs Mobile Computers 6 Each (incl tax & shipping) 779 4,674.00$ Barcode Scanner 6 Each (incl tax & shipping) 458 2,748.00$ 24,597.00$ Attachment number 3 Page 1 of 1 Item # 18 Information Technology 530 Greene Street, Annex 101 Augusta, GA 30911 (706) 821-2522 – FAX (706) 821-2530 www.augustaga.gov To: Steve Little, Assistant Director, Utilities Department From: Mike Blanchard, Assistant Director, Information Technology Department Subject: GBA Master Series Bar Code Implementation Sole Source Justification Date: September 17, 2008 I have reviewed the requirements and associated documentation for the GBA Master Series (GBAMS) Bar Code Implementation and I believe that this is certainly justified as a “sole source” for the following reasons: • The Bar Code software is simply an additional module of an existing product that Augusta has a significant investment in. This means that we will be consistent on the same computer platform and no server hardware or software that is not already in use by Augusta will be required to support it. Additionally, support for this product will come from the same source that we already deal with. • The Bar Code software is fully integrated with our existing GBAMS software, so there will be no need for an interface of any kind. • Using any other software package would cause additional work for IT and the Utilities Department, as well as extending the implementation process to include the development and testing of another vendor’s package and its compatibility with GBA. Likewise, this would cause additional work in the future as various packages were upgraded and the interface had to be updated to accommodate the changes. Please submit the GBA proposal (with the final pricing) to the Procurement Department, along with a completed sole-source justification form. If you or the Procurement Department has any questions whatsoever, please do not hesitate to contact me. INFORMATION TECHNOLOGYINFORMATION TECHNOLOGYINFORMATION TECHNOLOGYINFORMATION TECHNOLOGY Tameka AllenTameka AllenTameka AllenTameka Allen Director Michael F. BlanchardMichael F. BlanchardMichael F. BlanchardMichael F. Blanchard Gary HewettGary HewettGary HewettGary Hewett Assistant Director Assistant Director Attachment number 4 Page 1 of 1 Item # 18 Attachment number 5 Page 1 of 1 Item # 18 Engineering Services Committee Meeting 9/29/2008 1:30 PM Walton Hills Section 8 Phase I Department:Engineering-Abie L. Ladson, P.E., Director Caption:Approve the deeds of dedication and road resolutions submitted by the Engineering and Augusta Utilities Departments for Walton Hills Subdivision, Section 8, Phase I. Background:The final plat was approved by the Commission on June 20, 2006. The subdivision design and plat, including the storm drain system, have been reviewed and accepted by our engineering staff and the construction has been reviewed by our inspectors. The Utilities Department has inspected and reviewed the water and sanitary sewer installations, and hereby requests acceptance of the utility deed of same. Analysis:This section meets all codes, ordinances and standards. There are no wetlands or 100-year flood plain boundaries involved in this section. Acceptance of said utility deed shall dedicate, as required, the water and sanitary sewer mains along with the applicable easements to Augusta, Georgia, for operation and maintenance. Financial Impact:By accepting these roads, water and sanitary sewer installations into the County system, all future maintenance and associated costs will be borne by Augusta, Georgia. By acceptance of the utility deed, positive revenue will be generated from the sale of water and sanitary sewer taps and monthly billing of same. Alternatives:1. Approve the deeds of dedication and road resolutions submitted by the Engineering, and Augusta Utilities Departments for Walton Hills Subdivision, Section 8, Phase I. 2. Do not approve and risk litigation. Recommendation:Approve Alternative Number One. Funds are Available in the Following Accounts: Not required at this time. REVIEWED AND APPROVED BY: Administrator. Clerk of Commission Cover Memo Item # 19 Cover Memo Item # 19 Attachment number 1 Page 1 of 1 Item # 19 Attachment number 2 Page 1 of 1 Item # 19 Attachment number 3 Page 1 of 3 Item # 19 Attachment number 3 Page 2 of 3 Item # 19 Attachment number 3 Page 3 of 3 Item # 19 Attachment number 4 Page 1 of 4 Item # 19 Attachment number 4 Page 2 of 4 Item # 19 Attachment number 4 Page 3 of 4 Item # 19 Attachment number 4 Page 4 of 4 Item # 19 Attachment number 5 Page 1 of 5 Item # 19 Attachment number 5 Page 2 of 5 Item # 19 Attachment number 5 Page 3 of 5 Item # 19 Attachment number 5 Page 4 of 5 Item # 19 Attachment number 5 Page 5 of 5 Item # 19 Engineering Services Committee Meeting 9/29/2008 1:30 PM Walton Hills Section 9 Department:Engineering-Abie L. Ladson, P.E., Director Caption:Approve the deeds of dedication, maintenance agreements, and road resolutions submitted by the Engineering and Augusta Utilities Departments for Walton Hills Subdivision Section 9. Background:The final plat was approved by the Commission on January 15, 2008 . The subdivision design and plat, including the storm drain system, have been reviewed and accepted by our engineering staff and the construction has been reviewed by our inspectors. The Utilities Department has inspected and reviewed the water and sanitary sewer installations, and hereby requests acceptance of the utility deed and maintenance agreement of same. Analysis:This section meets all codes, ordinances and standards. There are no wetlands or 100-year flood plain boundaries involved in this section. Acceptance of said utility deed shall dedicate, as required, the water and sanitary sewer mains along with the applicable easements to Augusta, Georgia, for operation and maintenance. Financial Impact:By accepting these roads, water and sanitary sewer installations into the County system and after the 18-month maintenance warranty by the developer/contractor has expired, all future maintenance and associated costs will be borne by Augusta, Georgia. By acceptance of the utility deed and maintenance agreement, positive revenue will be generated from the sale of water and sanitary sewer taps and monthly billing of same. Alternatives:1. Approve the deeds of dedication, maintenance agreements, and road resolutions submitted by the Engineering, and Augusta Utilities Departments for Walton Hills Subdivision, Section 9. 2. Do not approve and risk litigation. Recommendation:Approve Alternative Number One. Funds are Available in the Following Accounts: Not required at this time. REVIEWED AND APPROVED BY:Cover Memo Item # 20 Administrator. Clerk of Commission Cover Memo Item # 20 Attachment number 1 Page 1 of 1 Item # 20 Attachment number 2 Page 1 of 1 Item # 20 Attachment number 3 Page 1 of 3 Item # 20 Attachment number 3 Page 2 of 3 Item # 20 Attachment number 3 Page 3 of 3 Item # 20 Attachment number 4 Page 1 of 2 Item # 20 Attachment number 4 Page 2 of 2 Item # 20 Attachment number 5 Page 1 of 4 Item # 20 Attachment number 5 Page 2 of 4 Item # 20 Attachment number 5 Page 3 of 4 Item # 20 Attachment number 5 Page 4 of 4 Item # 20 Attachment number 6 Page 1 of 4 Item # 20 Attachment number 6 Page 2 of 4 Item # 20 Attachment number 6 Page 3 of 4 Item # 20 Attachment number 6 Page 4 of 4 Item # 20 Attachment number 7 Page 1 of 2 Item # 20 Attachment number 7 Page 2 of 2 Item # 20